What Is Copyright Transfer? Procedures, Requirements, and Important Notes
What Is Copyright Transfer? Procedures, Requirements, and Important Notes
Are you looking to understand copyright transfer to ensure your rights and maximize your work’s value? This article explains what copyright transfer is, the necessary procedures, conditions for the transaction, and key considerations to avoid legal risks.
Copyright transfer (assignment) is a legal act by which the copyright owner transfers all or part of their intellectual property rights to another individual or organization. According to Article 45 of Vietnam’s Intellectual Property Law (2005, amended 2009, 2019, and 2022), it involves transferring the rights specified in Clause 3 of Article 19 and Article 20 via a contract or relevant laws.
Note: Moral rights are generally not transferable—except for the right to publish (Clause 3, Article 19). This means the author cannot transfer their right to be credited as the author or their rights to protect their reputation.
In co-authored works, transfer requires the consent of all authors. However, if a work has independent parts, each co-owner may transfer rights to their portion independently.
What Is Copyright Transfer?
Ngoài ra người dùng có thể tham khảo thêm một số nội dung liên quan khác như:
The copyright owner can transfer, via contract or legal means, any of these rights:
Right to name the work.
Right to publish or to authorize others to publish.
Economic rights, including:
Right to create derivative works
Right to publicly perform
Right to reproduce
Right to distribute or import originals/copies
Right to communicate the work via wire, wireless, electronic networks, or other technical means
Right to rent original or copies of film or software
(Again, moral rights are excluded except for publication.)
Transfer of Related Rights
Related rights holders (performers, phonogram producers, broadcasters) may also transfer parts or all of their rights:
Performers’ economic rights: fixation of performances, reproduction, broadcasting, public distribution, etc.
Producers’ economic rights: fixation, reproduction, importation, public distribution of recordings.
Broadcasters’ economic rights: broadcasting, re-broadcasting, program fixation, reproduction, distribution.
Non-Transferable Rights
Certain moral and related rights cannot be transferred, preserving personal recognition and integrity:
Author’s personal rights: to be named (or by pseudonym) and to protect the integrity of the work.
Performer’s personal rights: to be named, and to protect the integrity of performance or recording.
Documentation for Copyright Transfer Registration
To register a copyright transfer with the Copyright Office, prepare:
Transfer registration form (official template)
Signed transfer contract (with seals if applicable)
Original copyright certificate
Copy of the registered work
Power of attorney (if using a representative)
Proof of legal entity: enterprise registration or ID/CCCD copy
Co-owners’ consent document (if applicable)
Registration Timeline
The registration is processed within 15 working days from receipt of a complete application.
Transfer Procedures
Prepare the contract and documents
The contract must be in writing (per Article 46) and include identities, legal basis, transfer value/payment, rights and obligations, and breach liabilities.
Additional documents per Decree 17/2023: copy of authorship declaration, recorded work copies, original certificate, legal proofs, and co-owner consent (if needed).
Submit the application
In person, by mail, or online via the Ministry’s portal.
Review
Within 1 month, authorities review completeness and legality. Incomplete or improper documents will be returned.
Receive results
If approved, a new copyright certificate is issued to the transferee within 15 working days—the transfer is then finalized.
Contract Essentials & Special Cases
Must include: names/addresses, legal basis, compensation, rights/obligations, and breach clauses (aligned with Civil Code).
Co-authorship: unanimous consent required for common works; independent parts may be transferred by individual owners.
Anonymous works: current manager may transfer rights and receive remuneration, but transferee may exercise rights only until the author’s identity is legally determined.
Post-Transfer Registration & Fees
When rights are transferred, the new owner can register the work with the Copyright Office (if not previously registered).
Registration fees per Circular 211/2016/TT-BTC:
Written works, lectures, journalism, music, photography: 100,000 VND
Architecture, blueprints, maps: 300,000 VND
Films, staged works on tape/disk: 500,000 VND
Note: There’s no separate fee specifically for copyright transfer, although legal or notarization services may incur additional costs.
Certificate Effectiveness
Registered certificates are effective nationwide in Vietnam (Article 53), protecting rights in legal disputes.
Copyright transfer enables creators and rights holders to monetize their works. To ensure legality and clarity—and to protect both parties—it is advisable to consult professional services. BH Media offers full support from registration and contract drafting to dispute resolution. If you wish to transfer, acquire, or exploit rights legally, contact BH Media for expert assistance.
