Who are copyright holders?

Pursuant to Article 37 of the IP Law, copyright holders being authors:

Authors who use their own time, finance, and material or technical facilities to create works shall have the moral rights stipulated in Article 19 and the economic rights stipulated in Article 20 of this Law. Pursuant to Article 37 of the IP Law, copyright holders being.

Pursuant to Article 38 of the IP Law, copyright holders being co-authors:

• Co-authors who use their time, finance, and material or technical facilities to jointly create works shall share the rights to such works stipulated in articles 19 and 20 of this Law;
• A co-author as defined in clause 1 of this article who has jointly created a work, a separate part of which is detachable for independent use without prejudice to the parts of the work of the other co-authors, shall have the rights to such separate part stipulated in articles 19 and 20 of this Law.

Pursuant to Article 39 of the IP Law, copyright holders being organizations and individuals who assign tasks to authors or who enter into contracts with authors:

• Any organization which assigns the task of creating a work to an author who belongs to such organization shall be the holder of the rights stipulated in articles 19.3 and 20 of this Law, unless otherwise agreed;
• Any organization or individual who enters into a contract with an author for the creation of a work shall be the holder of the rights stipulated in articles 19.3 and 20 of this Law, unless otherwise agreed.

Pursuant to Article 40 of the IP Law, Copyright holders being heirs: Any organization or individual who inherits copyright in accordance with the law on inheritance shall be the holder of the rights stipulated in Article 20 and Clause 3 Article 19 of this Law.

Pursuant to Article 41 of the IP Law, Copyright holders being assignees of rights:

• Any organization or individual who is contractually assigned one, several or all of the rights stipulated in articles 19.3 and 20 of this Law shall be the copyright holder;
• Organizations and individuals that are managing anonymous works are entitled to the owner’s rights until the identity of the author is determined.

Besides, pursuant to Article 42 of IP Law, copyright holders being the State:

• The State shall be the holder of the copyright in the following works:

+ Anonymous works (except for the case specified in Clause 2, Article 41 of this Law);

+  Works for which the term of protection has not expired but the copyright holder died without leaving an heir or the heir renounced the inheritance or was deprived of the right to inherit;

+ Works for which the ownership right was assigned to the State by the copyright holder.

• The Government shall issue detailed regulations governing the use of works under State ownership.

Quang Anh

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