Image copyright is an important issue for photographers, businesses, agencies, and content creators, especially when images are widely used on websites, social media, e-commerce platforms, and advertising materials. An image directly created by an author may be protected by copyright if it is expressed in a certain form. However, copyright registration gives the owner stronger legal evidence when exploiting the image or handling unauthorized copying. This article, prepared by Tran & Tran, helps individuals and businesses understand what image copyright is, when registration should be considered, and what documents should be prepared.
What is image copyright?
Image copyright is a common term referring to copyright in images created, owned, or lawfully transferred to an individual or organization. Images may include photographs, product photos, advertising images, designed images, illustrations, posters, banners, artwork, or parts of a brand identity system.
From a legal perspective, not all images are assessed in the same way. A photograph may be considered a photographic work. An illustration, poster, or advertising design may be considered a fine art work or applied art work, depending on how it is expressed and used.
Therefore, when discussing image copyright, businesses should identify the type of work, the creator, the owner, and the context in which the image is used. Correct identification from the beginning makes registration, exploitation, transfer, and infringement handling more convenient.
Are images protected by copyright?
Images may be protected by copyright if they are created by an author and expressed in a certain material form. According to the Copyright Office of Vietnam, copyright arises from the moment a work is created and expressed in a certain material form, regardless of whether it has been published or registered.
This means that a photograph, illustration, or designed image may be protected if it qualifies as a work. However, copyright does not protect a mere photo idea, an unexpressed concept, a general style, a common composition, or an advertising idea that has not been expressed as an image.
Image copyright protects the specific form of expression of the image. For example, a product photo with specific lighting, shooting angle, composition, and post-production treatment may be considered for protection. However, the idea of “shooting a product on a white background” or “photographing a model holding a product” is not automatically exclusive to one party.
In the procedure for granting a Copyright Registration Certificate, photographic works are recognized as one of the categories of copyrightable works in the administrative procedure system for copyright registration.
Who owns image copyright?
Determining the author and owner of image copyright is very important. In many cases, the photographer, client, business investing in the image production, and communications agency may have a complex rights relationship.
The author who directly takes or creates the image
The author is the person who directly creates the image. This may be a photographer, designer, illustrator, or any individual who directly creates the work through creative labor.
The author usually has moral rights attached to the work under applicable regulations. However, the author is not always the owner of all economic rights in the image. The right to exploit, authorize use, transfer, or register the image depends on contracts, work assignments, or rights transfer arrangements.
The business assigning or investing in image creation
In business activities, many images are created at the request of a company. For example, a business may hire a photographer to take product photos, hire an agency to design advertising banners, or assign internal staff to produce communication images.
In these cases, employment contracts, service contracts, photography agreements, design contracts, and rights transfer clauses should be reviewed. If the contract does not clearly state ownership, the business may face difficulties when registering copyright or handling unauthorized copying.
The party receiving copyright transfer
The owner of image copyright may also be the party receiving an assignment or license under a contract. This is common when a business purchases a photo set, receives a transfer from an agency, or obtains exploitation rights from an individual creator.
Businesses should keep transfer agreements, file handover records, payment documents, and materials showing the scope of rights received. If the business only receives image files without an agreement on use rights or ownership, later exploitation may lead to disputes.
Cases involving multiple creators
A photo set or image product may be created by several people, such as a photographer, designer, stylist, illustrator, or production team. When several people contribute creatively to a work, co-authorship, co-ownership, and each party’s rights should be clearly identified.
This is especially important for communication campaigns, brand identity systems, large-scale advertising images, or creative products developed by multiple parties.
When should image copyright be registered?
Copyright may arise under the law when a work is created and expressed in a certain material form. However, image copyright registration is still advisable in many cases because it strengthens proof of ownership and makes commercial exploitation easier.
Businesses should consider registration when images are used in advertising, commerce, brand identity, websites, social media, catalogues, packaging, or e-commerce platforms. These images often have business value and are easily copied.
For product photos, advertising photos, or photo sets that require significant investment, copyright registration provides additional evidence when working with partners, agencies, digital platforms, or e-commerce platforms. When unauthorized use is discovered, the owner can use the registration file and ownership evidence to request removal, issue infringement warnings, or take suitable legal action.
Registration should also be considered before images are widely published in communication campaigns, exhibitions, publications, or large-scale commercial activities. For content creators, photographers, and designers, registering valuable works may help protect professional reputation and exploitation rights.
Where to register image copyright?
Applications for copyright registration of images are usually filed with the Copyright Office of Vietnam or announced receiving points. According to the National Public Service Portal, authors or copyright owners may directly file or authorize another organization or individual to file an application for a Copyright Registration Certificate with the Copyright Office of Vietnam, receiving points in Ho Chi Minh City and Da Nang, or through the online public service portal of the Ministry of Culture, Sports and Tourism.
Businesses should distinguish copyright registration from trademark registration. If an image is a logo or sign used to distinguish goods or services in the market, the business may also need to consider trademark registration with the Intellectual Property Office of Vietnam. Copyright registration and trademark registration have different purposes, scopes, and protection mechanisms.
For example, a logo may be considered for copyright registration as an applied art work or design work. However, if the logo is used as a commercial identifier for products or services, the business should also assess trademark registration to protect it in commercial activities.
What documents are required for image copyright registration?
An image copyright registration file should be prepared according to the specific type of work. Depending on whether the image is a photograph, photographic work, fine art work, applied art work, or part of a brand identity system, the documents and presentation may differ.
In general, the file may include a copyright registration declaration, a copy of the image or work to be registered, legal documents of the author and owner, a power of attorney if filed through a representative, documents proving the right to file if the owner is not also the author, and written consent of co-authors or co-owners if any.
If the image was created under a photography contract, design contract, purchase, or assignment, the business should prepare contracts, handover records, rights transfer agreements, and documents proving ownership or the right to file.
These documents are very important. In many disputes, a party may possess image files but cannot prove ownership or lawful exploitation rights. Therefore, when working with photographers, designers, or agencies, businesses should clearly define ownership, scope of use, editing rights, registration rights, and the right to transfer to third parties.
Image copyright registration procedure
The image copyright registration process is not simply submitting a set of images to the competent authority. Before filing, the owner should identify the correct type of work, the right to file, and supporting evidence.
Step 1: Identify the type of work
Ordinary photographs may be considered photographic works. Designed images, posters, banners, artwork, illustrations, or images in a brand identity system may need to be assessed as fine art works or applied art works depending on the case.
Correctly identifying the work type affects document preparation, work description, and applicable official fees.
Step 2: Identify the author and owner
Before filing, it is necessary to determine who directly created the image and who owns the rights. If the author and owner are different parties, documents proving ownership or the right to file must be prepared.
For images created by employees, freelancers, or agencies, contracts and handover documents should be carefully reviewed. This step helps reduce disputes after registration or during exploitation.
Step 3: Prepare the registration file
The owner should prepare the declaration, copy of the work, legal documents, power of attorney if any, and documents proving rights. If there are co-authors or co-owners, appropriate written consent should be prepared.
The file should clearly state the work title, type of work, author information, owner information, creation time, publication status, and basis of ownership.
Step 4: File the application with the competent authority
The application may be filed directly, by post, online, or through a representative under current guidance. The National Public Service Portal records that applications may be filed with the Copyright Office of Vietnam, receiving points, or through the online public service portal of the Ministry of Culture, Sports and Tourism for copyright and related rights.
Step 5: Monitor and supplement if requested
After filing, the applicant should monitor the application status. If the receiving authority requests amendment, supplementation, or clarification, the applicant should respond within the required deadline.
Common issues at this stage include inconsistent author information, missing ownership documents, incorrect work copies, or unsuitable work classification.
Step 6: Receive the Copyright Registration Certificate if the file is valid
If the file meets the requirements, the owner may be granted a Copyright Registration Certificate. The certificate is important evidence for exploitation, licensing, transfer, or infringement handling involving the image.
According to the Copyright Office of Vietnam, the owner of a work has the right to register the work under their ownership with the Office to obtain a Copyright Registration Certificate.
How much does image copyright registration cost?
The cost of image copyright registration usually includes official fees and service fees if the owner uses a consulting or representative service. The specific cost depends on the type of work, number of works, and condition of the file.
For works classified as photographic works, the official fee is commonly lower than some other categories. However, if the image is classified as a fine art work or applied art work, the fee may differ. Therefore, the type of work should be identified before estimating the cost.
In addition to official fees, service fees may depend on the number of images, complexity of the file, whether contracts need to be reviewed, and whether supplementation is required.
Businesses should not rely on one general fee for all cases. For large photo sets, multiple product images, or images created by several parties, the file should be assessed specifically before cost estimation.
Can using images from the internet infringe copyright?
Images found on Google, Facebook, websites, e-commerce platforms, or social media should not be assumed to be free for use. Most images may be linked to the rights of an author, owner, or licensee.
Using online images may infringe image copyright if the user does not have the right, lacks permission, or uses the image beyond the license scope. The risk is higher when images are used for commercial purposes, such as advertising, sales, packaging, company websites, catalogues, or communication materials.
Even images labeled as “free” may come with conditions. Some licenses require attribution, prohibit commercial use, prohibit modification, prohibit redistribution, or limit use to a certain scope. Therefore, before using an image, businesses should check the source, license, permitted scope, and accompanying conditions.
For images provided by agencies, freelancers, or suppliers, businesses should also check whether the provider has the right to transfer or sublicense the image to the business. Receiving an image file does not mean the business may freely exploit it for all purposes.
What should you do if someone uses your image without permission?
When unauthorized copying or use is detected, the owner should handle the issue systematically. Reacting without sufficient evidence may reduce the effectiveness of rights protection.
Step 1: Collect evidence of infringement
The owner should save links, screenshots, posting time, account information, content of use, platform where the image appears, and contact information of the user if available.
If the image is used on a commercial website, e-commerce platform, or social media, the owner should record the product, post, sales account, engagement data, and purpose of use. This provides the initial basis for assessing the infringement level.
Step 2: Verify ownership of the image
The owner should review original files, metadata if any, photography contracts, design contracts, handover records, first publication evidence, or the Copyright Registration Certificate if registered.
If the image has not been registered, the owner may still collect creation and ownership evidence. However, if a certificate has been obtained, proving rights is often more convenient when working with the infringer, platforms, or competent authorities.
Step 3: Send a takedown request or infringement notice
Depending on the case, the owner may send a takedown request to the party using the image, the social media platform, e-commerce platform, website administrator, or advertiser. The request should clearly identify the infringed image, ownership basis, unauthorized use, and specific demand.
In many cases, a well-supported infringement notice may stop the conduct more effectively than emotional reactions on social media.
Step 4: Negotiate, claim compensation, or take legal action
If the infringer has used the image for business, advertising, or caused damage to the owner, the owner may consider claiming compensation, requesting a license fee, or taking appropriate legal measures.
The suitable approach depends on the infringement level, purpose of use, spread of the image, actual damage, ownership evidence, and negotiation possibility. For complex cases, the owner should obtain legal advice before sending an official demand.
Common mistakes related to image copyright
In practice, image copyright disputes often arise from misunderstandings or unclear contracts. Below are common mistakes.
Assuming images on the internet are free
This is a very common mistake. Images publicly available on the internet are not automatically free to use. Downloading images for websites, advertising, or sales may create risks if no suitable license exists.
Failing to clearly agree on ownership when hiring a photographer
A business may hire a photographer or agency to take photos without clearly defining ownership, scope of use, and registration rights. When disputes arise, it may be difficult to determine whether the business has full exploitation rights or only limited use rights.
Receiving image files without receiving rights
Receiving original files, edited files, or final images does not automatically mean receiving ownership. Businesses need clear transfer or licensing clauses in contracts.
Not keeping original files and creation evidence
Original files, metadata, drafts, editing history, emails, contracts, and handover records are important evidence. Without them, the owner may have difficulty proving creation or ownership.
Using stock photos outside the license scope
Stock photos usually come with specific license terms. Some images may only be used personally, not commercially, or may be limited by print quantity, platform, or territory. Businesses should read license terms carefully before use.
Confusing image copyright registration with trademark registration
Image copyright registration protects a work from the copyright perspective. Trademark registration protects signs used to distinguish goods and services. If the image is a commercial logo, businesses may need to assess both mechanisms.
Not registering copyright for commercially valuable image sets
For product photos, advertising images, campaign visuals, or valuable artwork, failure to register may create difficulties if copying occurs. Registration is not always mandatory, but it should be considered to strengthen proof of rights.
Image copyright registration and protection services at Tran & Tran
Tran & Tran provides consulting and services related to image copyright, including photographs, product photos, advertising images, photographic works, artwork, posters, banners, communication designs, and images in brand identity systems.
Tran & Tran’s services may include identifying the type of work, reviewing authorship, ownership, and related contracts, preparing copyright registration documents, representing clients in filing, and monitoring the process.
In addition to registration, Tran & Tran also advises on licensing, transfer, exploitation of images, and handling unauthorized copying or use. For images used in commercial activities, Tran & Tran can also assess whether trademark protection should be considered if the image is a logo or commercial identifier.
Individuals and businesses may send images, author information, photography/design contracts, and intended use to Tran & Tran for ownership assessment, registration preparation, and advice on suitable image copyright protection.
Conclusion
Image copyright is an important basis for individuals and businesses to protect photographs, product photos, advertising images, artwork, posters, banners, and other creative images. Copyright may arise when an image is created and expressed in a certain form, but registration gives the owner stronger legal evidence for exploitation, licensing, transfer, or infringement handling.
To protect images effectively, owners should identify the correct type of work, clarify the author and owner, keep creation evidence, sign clear contracts when hiring photographers or designers, and consider registration for commercially valuable images.
Contact Tran & Tran for advice on image copyright, registration document preparation, and suitable protection strategies based on actual use.
FAQ about image copyright
What is image copyright?
Image copyright refers to copyright in images created by an author or lawfully owned by a rights holder. Images may include photographs, designed images, advertising images, photographic works, or other creative images.
Are photographs protected by copyright?
Yes, they may be. Photographs may be protected as photographic works if directly created by the author and expressed in a certain form.
Is image copyright registration mandatory?
Not always. Copyright may arise when the work is created and expressed, but registration provides stronger legal evidence when exploiting the work or handling infringement.
Where can image copyright be registered?
Applications are usually filed with the Copyright Office of Vietnam, announced receiving points, or through the online public service portal under current guidance.
Can using images from Google infringe copyright?
Yes, it may infringe copyright if the image is used without permission or outside the license scope. Images found on Google should not be assumed to be free for use.
Who owns the copyright if a business hires a photographer?
The answer depends on the photography contract, work assignment, and rights transfer clauses. If the contract is unclear, disputes may arise between the photographer and the hiring party.
Should a logo be registered as image copyright?
A logo may be considered for copyright registration if it meets the relevant conditions. However, if the logo is used to distinguish goods or services, the business should also assess trademark registration with the Intellectual Property Office of Vietnam.
