Some issues to note when creating translated works

Translated works are a type of derivative work, occupying a unique position within the scope of authors’ right law. Essentially, a translation involves reinterpreting a literary, artistic, or scientific work into another language, allowing it to reach a wider audience and transcend cultural and linguistic barriers. While retaining the content of the original work, translations often incorporate subtle adaptations, reflecting the translator’s style and the cultural context of the target language. This article highlights key conditions for creating translated works under Vietnamese authors’ right law, providing an overview and outlining important considerations for translators and stakeholders. 

1. Authority to Create Translated Works 

Under the current Law on Intellectual Property (IP) of Vietnam, the right to create derivative works, including translations, is considered a property right. This means only the authors’ right owner of the original work is legally permitted to authorize the creation of translated works. Articles 36 to 41 of the IP Law specify the categories of authors’ right owners, including: 

• Individual authors’ right owners; 

• Co-owners of authors’ right; 

• Organizations or individuals commissioning or contracting authors for the creation of a work; 

• Heirs of the authors’ right owner; 

• Individuals or organizations to whom authors’ right ownership has been transferred. 

Thus, the authors’ right owners in the categories listed above are inherently authorized to create translated works. 

2. Conditions for Protection of Translated Works 

Translated works are protected as original works provided they do not infringe upon the authors’ right of the original work used for translation. Additionally, the translation must be the result of the translator’s independent intellectual effort and not a reproduction of another’s work. 

To ensure that a translated work does not infringe on the authors’ right of the original, the translator must obtain permission from the authors’ right owner or co-owners of the original work as required by law. Alternatively, the authors’ right owner of the original work may carry out the translation themselves. 

It is important to note that even when permission is granted for translation, the moral rights of the original work remain protected. Specifically, the original author retains the right to have their name or pseudonym attributed to the translated work. This requirement applies regardless of whether the original work is used for derivative purposes. Accordingly, when publishing or using a translated work, the translator must include the true name or pseudonym of the author of the original work. 

3. Penalties for Infringing on the Right to Create Derivative Works 

According to current regulations, individuals who create a translation of an original work without the author’s or authors’ right owner’s consent may face penalties. The applicable sanctions include: 

• For Individuals: 

• A fine ranging from 5,000,000 VND to 10,000,000 VND; 

• Removal of infringing copies, including digital versions distributed online or in digital formats. 

• For Organizations: 

• A fine double the amount applicable to individuals, specifically ranging from 10,000,000 VND to 20,000,000 VND; 

• Similar corrective measures as applied to individuals, such as the removal of infringing copies. 

See more:

1/ Copyright infringement of cinematography works

2/ Registering a sound trademark in Vietnam

3/ Copyright Issues in Reality Television Shows

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