How do I find out whether a product is copyrighted or not?

All artistic, literary, and musical works have copyright protection the instant they are fixed in a physical form.

Copyright in Vietnam 

-If you sketch an illustration on a cocktail napkin, it’s copyrighted.

-If you take a photograph with a camera, it’s copyrighted.

-If you write a blog post that has at least a minimal degree of creative authorship, it’s copyrighted.

-If you make up a new tune and record yourself whistling it, it’s copyrighted.

However, that copyright doesn’t last forever. The duration of copyright protection varies from country to country, and may depend on such factors as whether it was created by an individual or a corporation, and if and when it was published. For most countries, copyright protection lasts for 50–70 years after the creator’s death.

So, find out what the laws of your country are on copyright duration, and research the relevant factors for the creative work whose copyright you are trying to determine.

Source:David Mullich

If you are interested in finding a Copyright Law Firm in Vietnam, let ANT Lawyers help. We can connect you with a skilled lawyer that is much more affordable than a traditional law firm attorney. Check us out and please get in touch if you’d like more assistance. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529. Best of luck!

Continue Reading

What are the main rules of thumb about fair use on the web?

The number one piece of advice: Assume it’s protected.

I'll give you other tips below for you:

Just because its online, doesn't mean that it’s public property. So many people have this false sense of entitlement to anything they see posted on social media "especially pictures".

Copyright in Vietnam

If someone complains, just remove the content for the time being. No, you don’t have to sell your soul to every troll on the Internet who demands that you remove content from your site, but you should take it down long enough to research to make sure they don’t have a legitimate legal complaint.

Remember that always, always, always ask first. If you see awesome photographs you want to post on your blog and website or other social network, just ask first. Sometimes people are totally fine with exposure as long as they are properly credited.

Copyright is a murky area and you don’t want to get caught up in an unnecessary legal battle over a picture or two. So save yourself some trouble and just take some of the precautions.

If you’d like some more help with understanding copyright laws, we can connect you with a skilled copyright attorney in Vietnam that can answer your questions and potentially help you avoid a costly mistake.

Continue Reading

What is a Copyright?

Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively. Those rights include:

 Copyright in Vietnam 

-The right to reproduce the work

-To prepare derivative works

-To distribute copies

-To perform the work

-To display the work publicly

These are your rights and your rights alone. Unless you willingly give them up (EX: A Creative Commons License), no one can violate them legally. This means that, unless you say otherwise, no one can perform a piece written by you or make copies of it, even with attribution, unless you give the OK.

Inversely, if you’re looking for material to use or reuse, you should not do any of these things without either asking permission or confirming that the work is in the public domain, which means that the copyright has expired and all of the above rights have been forfeited. Simply put, if the work isn’t in the public domain and you don’t have permission to use a piece, you put yourself in risk of legal action, regardless of your intentions.

Because, beyond fair use and parody (issues for later essays), the holder of a copyrighted piece has near carte blanche to do what they want with their work. It’s no different than owning a car, a house or a pen. One can lend it out to a friend, sell it, modify it or even destroy it. In short, if you own the copyright to something, you have the same rights that you do with anything else and, in some instances, even more. After all, you did create it. It only makes sense that you would own the fruits of your labor. That’s what copyright law is all about.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Continue Reading

How do I register copyright for my songs?

Copyright protection attaches as soon as you fix the song in a "tangible medium."

Though many folks are still under the misapprehension that you have to register your work with Copyright Office to "copyright" it, that hasn't been true for decades. Generally speaking, if you scribble something on a sheet of paper and then someone comes around and copies it, they've violated your copyright in the scribble.

Copyright in Vietnam

On the other hand, if you're just riffing in your bedroom and someone comes by, listens in through your window, and then copies your song, you're probably not going to win on your copyright claim. If you riffed and then recorded it, wrote down the music notation, etc., then you would have secured the copyright at that time.

Note, though, that although registration isn't necessary to protect your work via the Copyright Act, it is a precondition to suing in federal court. So if you write down a song in 2001, discover that someone copied it in 2011, you'd have to register the copyright (even in 2011 or 2012) before you could sue on it. Statutory damages would also be limited to the date you registered onward (i.e., you wouldn't be able to claim statutory damages from 2001 to present).

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced copyright with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

Source: Quora 

Continue Reading

How can I get copyright?

Copyright can be attained for any original expression of an idea or work. Remember the idea must be in a tangible form; this means that the work that you want to copyright must have a physical presence so that is can be represented to the examiner in that format.

Copyright in Vietnam 

What can be registered as Copyright?

The application for copyright can be made for the following works:

-Literary works such as books and poems

-Dramatic works and theatrical plays

-Cinematographic films and videos

-Original musical works and sound recordings, excluding any actions and words to be included while performing the musical work

-Artistic works such as paintings, photographs and technical drawings including architectural designs

Copyright Registration Process

Registration of copyright can be done through physical as well as through online method and the documents that you require to file the copyright application with the relevant authority are:

1.Work Copies

Copy of the original work that is to be submitted with the examiner (3 copies).

2.Applicant Details

The identity proof of the applicant that should include

-Passport

-Driving License

3. Address Proof

The applicant will have to submit the following as address proof of the applicant

-Utility bills(water and electricity bill)

-Passport

-Rent Agreement if residing in a rented premise.

The application for copyright protection goes through the following process:

1.Filing Application

-The process to complete the filing of the application process might take around 3 days.

-The applicant needs to submit the application with Form-XIV along with all the documents and registration fee.

-If you are submitting the form physically at the Copyright Office then, you need to submit the fee through a Demand Draft.

2.Objection

-The objection on the filed application is raised wherein the applicant has to provide answers to the examiner within the stipulated time period.

-The examiner can also call for a hearing wherein a decision to provide registration or not can be taken. The applicant will have to wait for a period of 30 days before the application is moved onto the next stage.

3. Examination

-Once the objections are cleared the examiner checks the application further for any discrepancies and errors.

-If the examiner finds any discrepancy with the application he will notify the applicant with a discrepancy letter and then the applicant will have to make a reply to the letter justifying the issues that are raised in the examination.

4.Registration

-Once the examination process is done with the applicant will receive notification from the examiner and from there on the person can use the copyright symbol along with his work.

 Source: Quora 

Continue Reading

What is difference between copyright and patent?

When an individual or business creates something new, it Is important to protect that unique design, product, logo, name, art or work of authorship. Most individuals and businesses are aware that legal protections exist for new inventions and creations. But not everyone is sure exactly what kinds of protections they need in order to ensure that other individuals and businesses do not infringe upon the fruits of their labor. Though both are popular and well known, what is the difference between copyright and patent?

 Vietnam patent 

Thankfully, experienced intellectual property attorneys are generally happy to help both individuals and businesses navigate the process of protecting their inventions and creations. If you have produced a new and unique product, design, piece of art, etc. please consider asking a lawyer with specialized intellectual property knowledge to aid you in submitting the legal paperwork required in order to obtain any protections your work may be eligible for under the law. Depending on the nature of your creation, these protections may include copyrights and/or patents.

What Falls Under Copyright Protection?

Unlike patents, which protect physical inventions, new designs for existing products and certain discoveries, copyright protection coversoriginal works of art and authorship when expressed in tangible mediums. Literary, artistic, musical and dramatic works of art are protected via copyright. In addition, computer software and architecture may be protected by copyright as well.

An important difference between copyright and patent is that copyright protections are granted automatically. You do not need to file for a copyright per se, as copyright protections apply, “the moment (a work) is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device” according to the U.S. Copyright Office. However, you cannot generally file suit protecting your work against infringement unless your copyright has been registered with the USCO. The USCO highly recommends registering one’s artistic work because absent this process, copyright protections cannot generally be effectively enforced.

What is Covered by Patent Protection?

 There are three primary kinds of patent protectionavailable to businesses and the general public. Plant patents protect new asexually reproducing plant species and hybrids. Utility patents protect new products and processes, while design patents protect new design elements integral to existing manufactured products or processes. In general, works eligible for patents are novel, non-obvious and useful, but some exceptions to this rule may apply.

It is worth noting that unlike copyright protections, no patent protection is granted automatically upon the creation of a product or process. Therefore, it is imperative that inventors and businesses formally apply for patent protection as soon as their work is prototyped and capable of reproduction.

Consult an Intellectual Property Attorney

 If you are interested in registering a work of art or authorship or patenting a product, process, design or discovery, please consider reaching out to an knowledgeable intellectual property attorney in Vietnam. We have extensive experience aiding both individuals and businesses in obtaining the intellectual property protections that their works are eligible for. The registration process and patent application process are detailed and are often difficult to navigate. Filling out even a single section of paperwork incompletely or incorrectly can result in rejection. Let our team help you get this process right the first time around in order to better ensure that your work is safeguarded from infringement as soon as it becomes eligible for protection.

Continue Reading