Thời gian gần đây, các vụ việc nổi lên về việc đạo nhạc ở Việt Nam đang là vấn đề nhức nhối trong . Từ đó, chúng ta càng thấy rõ tầm quan trọng việc đăng ký bản quyền tác giả cho một tác phẩm, đặc biệt là tác phẩm âm nhạc.
Theo luật sở hữu trí tuệ Việt Nam 2005, bản quyền tác giả (copyright) hay quyền tác giả là quyền của tổ chức, cá nhân đối với tác phẩm do mình sáng tạo ra hoặc sở hữu.
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Bản quyền tác giả được xác lập kể từ khi tác phẩm được sáng tạo và thể hiện dưới một hình thức vật chất nhât định, không phân biệt nội dung, chất lượng, hình thức phương tiệ, ngôn ngữ, đã công bố hay chưa công bố, đã đăng ký hay chưa đăng ký. Theo đó, để được đăng ký bảo hộ quyền tác giả tác phẩm phải đáp ứng các điều kiện sau đây:
- Ý tưởng về một tác phẩm phải được cụ thể hóa trên loại vật chất nhất định
- Tác phẩm phải có tính nguyên gốc
Các loại hình tác phẩm được bảo hộ bản quyền tác giả bao gồm:
a)Tác phẩm văn học, khoa học, sách giáo khoa, giáo trình và tác phẩm khác được thể hiện dưới dạng chữ viết hoặc ký tự khác;
b) Bài giảng, bài phát biểu và bài nói khác;
c) Tác phẩm báo chí;
d) Tác phẩm âm nhạc;
đ) Tác phẩm sân khấu
e) Tác phẩm điện ảnh và tác phẩm được tạo ra theo phương pháp tương tự (sau đây gọi chung là tác phẩm điện ảnh.
g) Tác phẩm tạo hình, mỹ thuật ứng dụng
h) Tác phẩm nhiếp ảnh;
i) Tác phẩm kiến trúc;
k) Bản họa đồ, sơ đồ, bản đồ, bản vẽ liên quan đến địa hình, công trình khoa học;
l) Tác phẩm văn học, nghệ thuật dân gian;
m) Chương trình máy tính, sưu tập dữ liệu.
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