Using older works — paintings, photos, music, archive footage — in a new campaign looks free and safe if copyright has expired. But miscalculating the term by a single step turns a lawful campaign into infringement, especially where a work has co-authors, several rights layers and amendments across different eras of the law.
How protection terms run under Vietnamese law
- Ordinary works — Article 27 of the IP Law: economic rights last for the author’s life plus 50 years after the year of death; for co-authors, from the year the last surviving author dies.
- Film, photography, applied art, stage works — same Article 27: 75 years from first publication; anonymous works: 75 years from publication, recalculated on the author’s life once identity is revealed.
- Related rights run on their own clock — performers’, producers’ and broadcasters’ rights last 50 years separately (Article 33): an old recording may still carry related rights even after the underlying song has expired.
- Moral rights never expire — attribution and integrity rights are protected indefinitely (Articles 19 and 27): even an expired work must be credited and must not be distorted.
A verification process before using older works
- Pin down the work type and the author’s death year (or first publication year) from reliable sources: Copyright Office records, publishers, the author’s family.
- Check each rights layer separately: original work, translation or arrangement, recording and accompanying images each run on different terms.
- Keep a verification dossier recording the term calculation and who checked it — this file is the first line of defence if a complaint arrives.
‘It is old, so it must be expired’ is the most dangerous assumption in a content library. FDI companies should treat expiry checks as a documented legal procedure: apply the right article, check every layer, and respect the author’s indefinite moral rights even after economic rights end.
Frequently asked questions
How do we verify a work’s copyright has expired?
Identify the work type, the author’s death year or first publication year, apply Article 27 of the IP Law, and separately check the 50-year related rights in recordings and performances.
How are protection terms calculated?
Ordinary works: life plus 50 years; film, photography and applied art: 75 years from first publication; attribution and integrity moral rights never expire.
What if we use a work that is still protected?
Cessation orders, recall of materials, damages under Articles 204-205 of the IP Law, and possible administrative fines.
This article has been quality-reviewed by the FLAW AI Legal Council