The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source.

Before 1978, in the United States, federal copyright was generally secured by the act of publication with notice of copyright or by registration of an unpublished work.[1] This has now been largely superseded by international conventions, principally the Berne Convention, which provide rights harmonized at an international level without a requirement for national registration. However, the U.S. still provides legal advantages for registering works of U.S. origin. But in Vietnam, From the Intellectual Property law was adopted on 2005, registration is not the condition of granting copyright.

Is registration required?

It is a common misconception to confuse copyright registration with the granting of copyright.

Copyright is itself an automatic international right, governed by international conventions – principally the Berne Convention (which dates from 1886). This means that copyright exists whether a work is registered or not. When the US finally signed up to the Convention in 1989, the internal registration system was retained, but foreign works must now be treated as though already registered in the US in accordance with the Berne Convention. And When Vietnam become Berne’s member on 2004, all international rules was applied.

Professor Lawrence Lessig, Representative Lofgren and others have suggested that countries impose registration requirements after the internal term of protection required by the Berne Convention.

COPYRIGHT

 

What is copyright?

Copyright aims at providing protection to authors (writers, artists, music composers, etc.) on their creations. Such creations are usually designated as “works”.

What is covered by copyright?

Works covered by copyright include, but are not limited to, literary works such as novels. Poems and plays; reference works such as encyclopedias and dictionaries; databases; newspaper articles; films and TV programs; musical compositions; choreography; artistic works such as paintings, drawings, photographs and scuptures; architectures; and advertisements, maps and technical drawings. Copyright also protects computer programs.

Copyright does not however extend to ideas, but only to the expression of thoughts. For example, the idea of taking a picture of a sunset is not protected by copyright. Therefore, anyone may take such a picture. But a particular picture of a sunset taken by a photographer may be protected by copyright. In such a case, if someone else makes copies of the photograph, and starts selling them without the consent of the photographer, that person would be violating the photographer’s rights

Do you need to accomplish any formalities in order to be protected?

Copyright protection is obtained automatically without any need for registration or other formalities. A work enjoys protection by copyright as soon as it is created.

However, many countries provide for a national system of optional registration and deposit of works. These systems facilitate, for example, questions involving disputes over ownership or creation, financing transactions, sales, assignments and transfers of rights.

What are the economic rights covered by copyright?

Under economic rights, the creators of a work can use their work as they see fit. They can also authorize or prohibit the following acts- in relation to a work:

- Reproduction in various forms, for example in a printed publication or by recording the work in cassettes, compact disks or videodiscs, or by storing it in computer memories;

- Distribution, for example through sale to the public of copies of the work;

- Public performance, for example by performing music during a concert, or a play on stage;

- Broadcasting and communication to the public , by radio or T.V, cable or satellite;

- Translation into other languages;

- Adaptation, for example by converting a novel or a play into a screenplay for a film;

How are economic rights exploited?

Many creative works protected by copyright require financial investment and professional skills for their production and further dissemination and mass distribution. Activities such as book publishing, sound recording or film producing are usually undertaken by specialized business organizations or companies, and not directly by the authors. Usually, authors and creators transfer their rights to these companies by way of contractual agreements, in return for compensation. The compensation may take different forms, such as lump sum payments, or royalties based on a percentage of revenues generated by the work.

Many authors do not have the ability or the means to manage their rights themselves. They often resort to collective management organizations or societies which provide for their members, the benefits of the organization’s administrative and legal expertise and efficiency in collecting, managing and disbursing royalties. These royalties are obtained from the national and international use of a member’s work on a large scale, by, for example, broadcasting organizations, discotheques, restaurants, libraries, universities and schools.

Why protect copyright?

Copyright contributes to human creativity by giving creators incentives in the form of recognition and fair economic rewards. Under this system of rights, creators are assured that their works can be disseminated without fear of unauthorized copying or piracy. This in turn helps increase access to the works and enhances the enjoyment of culture, knowledge, and entertainment all over the world.

COMPUTER PROGRAMME

 

What’s computer programme?

Pursuant to term 1 article 22 intellectual property of law 2005: “computer programme is total of direction, is displayed by statements, codes, diagrames or any shapes, when it is fitted in instrument which a computer can read, be able to make the computer to do a work or reach a detail consequence”.

“Collecting of data is total creative show selection, arrange the document under electric shape or another shape”.

Generally, computer programme is total of statements, is written by programmer to guide the computer do a detail activity, no this programme your computer can’t active anymore.

 

Which shape can your computer programme be protected?

You known, computer programmes is displayed by letters. So for general principle, they can be protected under copyright shape. However, if idea behind your computer programmes still have include features of technical solution , they can be protected under exclusive intention.

 

To be authorized computer programme diplomas what conditions do you need?

For protecting the computer programmes follow copyright, the first condition is your computer programmes have to origin and suitable to put them into the computer programme.

For protecting computer programme under exclusive intention diploma, your programmes have to ensure the new, creative and applicability industry.

However your computer programmes are protected at any shape. The first thing you need have a good adviser and a perfect legal service to give the best selection for your intellectual product.

To PHAN LAW, protecting for your computer programmes have never been easy like that.

You just need prepare some documents:

➢ 03 CD filled with software.

➢ 03 copy indentify cards/passport (personal), a copy register business lience (business).

➢ Detail information about author: Adress, telephone number, fax.

➢ Information relative to city: name of city, published or not yet, time publish.

Nothing complex with PHAN LAW!

APPLY ART

What is apply art?

It’s not only a beautiful picture to gaze with veneration or a solld with complex structures to serve for academic emotion. Apply art means bring the flower of art to apply in the life.

An apply art work is combination of outlines, colours, solids, lay-out with useful function can apply to a useful thing, produced quantity by hand or machine such as: symbol, handicraft, the shape of product or wrapping product.

You creative a product with designs and beatiful solid or just a logo, picture or an original symbol. You ensure that no any products on the market strange and beautiful like that. Why you don’t register the work bring your style and creation to the customer remember your product.

If you feel worry, PHAN LAW will help you.

For registering the copyright of apply art right now, you just prepare for PHAN LAW some documents:

• File of work.

• 03 copy of indentify card/ passport (personal), copy of register business lience (business).

• Detail information about author: Adress, telephone number, fax.

• Information relative to city: name of city, published or not yet, time publish.

 

PHAN LAW will provide many services:

• Consulting the legal servies relative to protect apply art.

• Preliminary searching ability protection.

• Composing the nescessary document to serve for register the work.

• Give back your right when the work is trespassed.

• Consulting other shape reletive to your work.

Why do you need register apply art work?

After registering apply art work , you will be authorized a lience by national office of intellectual property. Certainly, It will become a “lucky amulet” to avoid copy, unfair competiton on the market, also exploit effect it’s useful.

Protecting the apply art work is take park in building your trademark and reputation in customer’s eye.

 

COPYRIGHT PHOTOGRAPHY

 

What is photography?

Photography is process, activity and art of creating still or moving pictures by recording radiation on a sensitive medium. Such as a photographic film or an electronic sensor. Light patterms reflected or emitted from objects activate a sensitive chemical or electronic sensor during a timed exposure usually a photographic lens in a device known as a camera that also stores the resulting information chemically or electronically.

However, having a photographic camera does not mean you are a photographer. Photographers take a lot of times, strength to create many beautiful photographs. So, copying these pictures can not eccept.

 

What should you do when your works are trespassed?

Acording to the intellectual proprerty law, Photograph is one of work shape can protect under copyright. You can have copyright after your work is created without through any legal process. Under theory you can ask anyone to stop their trespass to your work. In the fact, these things are not easy. Because It’s difficult to persuade the thieves. So, you often have the court intervene and you still meet another problem. Because reponsible justification belong to yourself and finding the evidence to prove is a complex problem even if you don’t find anything to protect your right. If you register your work, that problems above will become easier. Generally, copyright photography is a “birth certificate” of your art work.

 

How do you protect your work?

Solution is very simple. You just choose a good legal service for your work. By deep experience and profession style work, PHAN LAW will provide good services and help you in process protection your work.

You need prepare for PHAN LAW some documents:

• 03 copies your work

• 03 copies indentify card/passport (individual), business register (organization)

• Note of authority for PHAN LAW.

• Detail information of author: telephone number, address, email, fax.

• Information of city: publish or not yet, time publish

PHAN LAW will provide:

• Ask competitor to pay back the work for you.

• Consulting and carry out the process to register the work

• Direct giving the best instruction.

 

DOMAIN NAME

What is domain name?

Domain name is a conception, is used to showing the identification of website on the internet. Such as, when you access the page www. Phan Law.vn to find the information about legal consult service relate to copyright, into that address Phan Law.vn is the domain name.

Domain name is often apply to the name of company or trademark of business. Besides, domain name is only and priority for the person register first.

 

Why should you register the domain name?

In the fact, For finding a hourse we have to remember the address. In the network also like that. For accessing any websites we have to remember the domain name. Otherwise, domain name is a address of business in information technology era.

However, when domain names active in the network, they have to satisfy an important condition is the only. That feature is the origin of dispute about the domain name.

It’s not easy when you or your company register the domain name but it was used by another person. You don’t amazing, because the domain name is only while compotitors in the same area are countless. May be this is a way which your competitors are used to preventing your advertising and business in the internet.

Anyway, We ensure that you and your business don’t want to happen that regret result.

 

Why do you avoid complications when you can ?

May be you think that it’s so easy to register a domain name and your company can “self –dependent”. However, you have to know that register a domain name is just a necessary condition. You still have to decide the disputes after registering domain name. That’s the best difficult problem which you can’t decide without any helping. One of many difficult is gathering the domain name as your competitor “borrow” it without your permission.

It’s very difficult to give back the domain name from your competitors without a prestigious legal service.

So, let come to PHAN LAW to change challenges into advantage for yourself or your business. With our profound and experienced consultants in various areas of business consultancy. We gathered the domain names for many business and personal in Vietnam and oversea.

 

You will come in for many services such as:

• Contract is signed by customer and PHAN LAW.

• Consulting and choosing the suitable domain name.

• Change the domain name faster and easier

• Giving the satisfy solution when your right is trespassed

• Gathering the domain name when your domain name is stolen.

 

PHAN LAW

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