What is copyright?

In Vietnam in recent years, few topics have drawn as much attention as copyright in general and copyright in design in particular. The term "copyright" has since been searched for and used by more and more people. But do you really know what copyright is and what it means for you? Let's Mona Media look at copyright in this article.

What is copyright?

In Vietnamese, copyright is translated as "quyền tác giả" (author's rights). It expresses the exclusive right an author has over a work they created. Copyright protects works and creative output against infringement. Examples of works that can be protected by copyright include music, literature, scientific writing, paintings, films, and television and radio programs. Copyright can protect both the author's personal rights and their economic interests in the work.

Under the Berne Convention, copyright law gives the author their rights for life, plus at least 50 years after death. In some countries the term is even longer.

Copyright in Vietnam

Vietnam's copyright law has been adjusted over time to fit better with European and American practice. Many people assume that a designed work only has copyright if it carries an organization's official stamp and has been announced to the authorities for public notice. In Vietnam, however, copyright in design (authors' rights) is set out in detail in the 2005 Civil Code, Government Decree 100/NĐ-CP/2006 and the Law on Intellectual Property. Under these, copyright is the right of an organization or individual over a work they own or created, and it covers the following rights:

 1. Moral rights

• The right to name the work.
• The right to be credited under their real name or pen name. When the work is published or used, that name must be shown.
• The right to publish the work or allow others to publish it.
• The right to protect the integrity of the work (no one may edit, cut or distort it in any way that harms the author's reputation or honor).

2. Economic rights

• The right to make derivative works (translations into other languages, adaptations, compilations, dramatizations, conversions, annotations and selections).
• The right to perform the work in public.
• The right to import and distribute the original or copies of the work.
• The right to communicate the work by radio, cable, electronic networks or any other technical means.
• The right to rent out copies or the original of a film or computer program. Works protected under copyright are those in the fields of art, literature and science.

What you need to know about authors' rights

Copyright © vs. Trademark ™ vs. Registered ®

To understand copyright law in design, you first need to know the difference between Copyright © – Trademark ™ – Registered ®. All three are legal marks that protect ideas from being stolen or copied. They share the same goal, but each is used in a different way.

Copyright ©

Copyright © protects dramatic, musical and artistic works and other intellectual property. A work is protected automatically the moment it is completed. Adding the © symbol (or the full word "Copyright", or the abbreviation "Copr") states who holds the rights. Copyright © lets the author use the work in other projects, copy it, distribute copies and perform it in public. You can choose to register your copyright or not, but registering protects your work more fully and for longer (up to an extra 70 years).

Trademark ™

Trademark ™ is used for names, words, symbols or devices that distinguish a seller's or manufacturer's goods. Logos and brand names carry the ™ symbol to show that the company owns that design and name. But Trademark ™ does not protect a company's right to use its own brand name, company name or product names. If another company uses a similar name for its business or product, the original company has to prove it owns what it created. If the company never registered the trademark in the first place, no legal protection will apply.

Registration® (Registered Trademark)

Once a trademark is registered, the brand shows the ® symbol. Registration protects the company's image and name from being used or copied by other companies. Before you register, your company must check whether the graphic design, name and image have already been registered by someone else. If the image or product you choose is too close to one that another company registered earlier, it can be treated as trademark infringement. Registration takes quite a long time, from 10 months to even a year for approval. After a successful registration, your exclusive right to use the trademark lasts for 10 years.

What you need to know about copyright law in design

• Copyright law also applies on the internet.
• Under US law, anything you write or create is protected immediately. The law covers your work from the moment it is written or created, with no need to declare it.
• You can still use copyrighted material by quoting it. Keep in mind that a quotation should not exceed 500 words or 10% of the article.
• If you want to use the material or translate it into another language, you need the author's permission.
• Make it a habit to respect copyright law, because almost everything is copyrighted.
• Saying "I didn't know the law" will not work as a defense in court.
• Without the author's permission, articles are still considered infringing even if they link to the source.
• The best way to avoid trouble is to ask permission before using any copyrighted material.

How to establish copyright in design and intellectual property

If you run into a copyright problem and need to prove your rights to a work or product, work through these steps:

• Find the exact date and time you designed the product or published the article.
• Gather the sources of the images used to illustrate the article.
• List your original ideas from when you designed or wrote the piece.
• Prove where the article came from.
• Take screenshots of database records that show when the product was completed.
• The exact dates you saved the product on your computer.
• The last step is to find witnesses who can vouch for you: members of a group, forums where you published the work, or people who know you.

Common misconceptions about copyright law

Many people know about copyright law in design but understand it only vaguely, and often get it wrong. Here are some of those misconceptions:

• A product with no copyright notice has no copyright.
• Once you publish something online, you can't claim copyright over it.
• Anything posted online is completely free to use.
• The author can't do anything to me.
• If I run into a copyright problem, fighting to get my rights back will take a lot of time and effort and be extremely complicated.
• Only large organizations and companies have copyright.
• Copyright problems can only be solved with lawyers and legal action.
• I'm in Vietnam and the author is abroad, so I have nothing to worry about.
• I'm doing it to share, not for profit, so I'm not infringing any copyright.
• I didn't know the law, so I'm innocent.
• I didn't ask the author's permission, but I credited the source and linked to it, so I'm not infringing.

Please avoid these mistakes. We all "plant" creative work day after day with effort, care and sweat, so everyone knows how much work goes into making a piece of work or a product. Respect other people's design copyright the way you respect your own work. We hope MONA has helped you understand what copyright is and everything around authors' rights in design.

See more:

• What is branding? What you need to know about branding
• What is DMCA? How to register DMCA Protected for your website
• Why must you register your website with the Ministry of Industry and Trade?