Online content copyright disputes: How to protect rights in accordance with the law

The strong development of the internet and social networking platforms has created conditions for individuals, businesses and organizations to easily create, share and exploit types of content such as articles, images, videos, audio, graphics or digital media products. However, along with that, the situation of copying, reposting or using other people's content without permission is increasingly common, giving rise to many disputes related to copyright and related rights.

Many people think that just recording the source or posting it on social networks does not violate copyright. In fact, the use of other people's works must comply with the provisions of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019 and 2022) and relevant guiding documents. When copyright is infringed, the right holder has the right to apply legal measures to protect his or her legitimate rights and interests.

1. Is the content posted online protected by copyright?

1.1. Copyright arises from the time the work is created

According to the Intellectual Property Law, copyright arises from the moment the work is created and expressed in a certain material form, regardless of whether the copyright has been registered or not.

That means that many types of content such as articles, images, videos, designs, works of art, computer programs or other creative products can be protected by law if they meet the conditions for protection.

1.2. Posting to the internet does not mean giving up copyright

The fact that a work is publicly available on a website, social network, or online platform does not lose the copyright of the creator or rights holder.

Others may not arbitrarily copy, edit, re-post, commercially exploit or use the work beyond the scope permitted by law without the consent of the right holder, except for exceptional cases as prescribed by law.

1.3. Registration of copyright is not a condition for the creation of rights

A copyright registration certificate is not a condition for copyright to arise.

However, the registration of copyright is an important basis to help owners more conveniently prove their rights when disputes arise or when requesting competent agencies to handle infringements.

2. What behaviors are likely to lead to content copyright disputes online?

2.1. Copying or reposting unauthorized content

One of the most common behaviors is copying all or part of an article, image, video or other creative content and then posting it on a website, fanpage or social networking platform without the consent of the rights owner.

Depending on each specific case, this act may be considered an infringement of copyright according to the provisions of the Intellectual Property Law.

2.2. Unauthorized editing, cutting, or exploitation of content

Many cases of using other people's works to edit, cut, re-edit or use for advertising or business purposes without the permission of the right owner.

If the use is not permitted by law, liability may still arise.

2.3. Using content in the digital environment for profit

The exploitation of works for commercial purposes, attracting views, advertising, or generating revenue without the permission of the rights owner is the cause of many disputes in practice.

In addition to the responsibility to terminate the infringement, the violating party may also have to pay compensation for damage if there are sufficient grounds in accordance with the provisions of law.

3. What should be done when a copyright dispute occurs?

3.1. Collection and retention of evidence

Rights owners need to keep the original of the work, the time it was created, electronic data, emails, design files, posting history, or other documents proving the rights to the work.

At the same time, it is necessary to fully record evidence of the alleged infringement such as images, videos, links, display content or other electronic data to serve the dispute resolution process.

3.2. Request for termination of infringing acts

In many cases, the rights owner may request that the person or entity using the unauthorized person or entity cease the infringement, remove the content, or take appropriate remedial measures.

If the parties do not reach an agreement, the right holder can choose measures to protect their rights in accordance with the law.

3.3. Application of measures to protect intellectual property rights

Depending on the nature and severity of the case, the right holder may request the competent authority to handle it in accordance with the provisions of the law on intellectual property or initiate a lawsuit at the Court to request the protection of legitimate rights and interests, the termination of the act of infringement, etc claim compensation for damage and other requirements as prescribed by law.

4. How to limit copyright disputes in the online environment?

4.1. To take the initiative in establishing and managing rights to works

Authors and rights holders should keep sufficient documentation to prove the creative process, and consider carrying out copyright registration procedures for works that are valuable or capable of commercial exploitation.

This will make it more convenient when it is necessary to prove rights or handle infringements.

4.2. Check the right to use before exploiting the content

Before using other people's articles, images, videos, or creative products, individuals and businesses need to clearly define the usage rights, scope of permission, and conditions of exploitation.

The proper use of regulations will significantly limit the risk of disputes.

4.3. Developing a content management mechanism

For businesses operating in the digital environment, building a process for checking the origin of content, managing intellectual property and training personnel on compliance with intellectual property laws will contribute to reducing risks in the process of operation.

5. The role of lawyers in resolving online content copyright disputes

Copyright disputes on the internet are often characterized by evidence existing in the form of electronic data, the content can be edited, deleted, or spread very quickly on many different platforms. Therefore, the determination of the right holder, the scope of protection of the work or act constitutes copyright infringement or not and the actual extent of damage must be assessed on the basis of the Intellectual Property Law, the Civil Code, the Civil Procedure Code and relevant legal provisions.

The lawyer will assist clients in reviewing the legal status of the work, assessing the possibility of protection, advising on the rights and obligations of the author and copyright owner as well as determining the legal basis for each alleged infringement. At the same time, the lawyer will guide the collection, preservation and evaluation of electronic evidence in accordance with regulations, because this is an important factor in the process of resolving disputes in the cyber environment.

When copyright is infringed, lawyers can represent clients to send requests for termination of infringements, participate in negotiations with infringing parties, assist in carrying out procedures to request competent agencies to handle or represent clients to protect the legitimate rights and interests of clients at the Court. Having a lawyer accompany you right from the moment you detect signs of infringement not only helps to choose the right plan to protect intellectual property rights but also contributes to limiting damage, ensuring the legitimate rights and interests of authors and rights holders in the process of exploiting and using works in the digital environment.

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Best regards!

(Written by: Doan Ngoc Khanh; Date written: 20/7/2026)

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