How do I know if something is copyrighted, such as a name or word? What should I know about copyright law?

Copyright is the exclusive legal right, given to a creator to copy, print, publish, perform, film, record, or make derivative works of their creative work, and to authorize others to do the same. This prevents other people from using someone else’s creative work (novel, poem, play, song, photograph, painting, movie, software) without compensating them for the creator’s effort.

Copyright in Vietnam

The United States and some other countries do recognize cases where you can use someone else’s copyrighted work without their permission for limited purposes. This is Fair use, permitting you to use a minimal portion of their work for such transformational purposes as criticism, news, education, research, and parody, such that you are not harming the market for the original work. An example of Fair Use is showing a short clip of a movie during a movie review, or showing a photograph of a painting in a news report about the painting being auctioned for a record amount.

Note that words, names, and titles are not protected by copyright. After all, it would not be to anyone’s benefit if you were not legally allowed to say someone else’s name. write down a word they made up, or display the title of a book without their creator’s permission.

However, words, names and short phrases (as well as logos) can be protected as trademarks used to identify commercial products and services — such as “McDonald’s” restaurants and “Nike” shoes — and you cannot use someone else’s trademark for a competitive product or service. This is to prevent consumers from being confused about who actually made that product or performs that service. You can find out whether someone has registered a word, phrase or logo as a trademark with the US Patent and Trademark Office through this government website: Search trademark database. However, to be safe, you should have a trademark attorney search for you, as some people may be using a trademark without registering it with the USPTO.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.