Traditional Culture Encyclopedia - Photography major - How to Apply for the Copyright of Pictures-How to Apply for the copyright registration of Pictures
How to Apply for the Copyright of Pictures-How to Apply for the copyright registration of Pictures
Material requirements: materials and requirements for applying for copyright registration of works: (1) Fill in a complete application form for copyright registration of works as required; (2) the identity certificate of the applicant; (3) Proof of ownership of rights; (4) Samples of works (samples of works in paper or electronic media can be submitted); (5) Description of the work (please write it from three aspects: creative intention, creative process and originality, and sign it by the author); (6) Where an application is entrusted to another person, the agent shall submit the power of attorney of the applicant; (7) the identity certificate of the agent.
How to check whether a picture is infringing? Picture infringement generally involves the copyright of pictures, the graphic registration of trademarks and the application for patent for appearance. Whether a picture is infringing depends on whether your graphic copyright is registered. Copyright is automatically generated at the beginning of design and is not announced to the public. It's hard to find. Even if the original author does not register copyright, it is difficult to prove the source. Put it another way, you can imagine it yourself. But the trademark is announced to the public and can be found. As far as trademarks are concerned, it is easy to judge whether the rights of others have been infringed. As for the inquiry of appearance patent, only the patent number can be found.
Legal basis: Article 2 of the Copyright Law stipulates that works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law. The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law. Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law. The works of authors and stateless persons from countries that have not signed agreements with China or participated in international treaties are first published in the member countries of international treaties to which China is a party, or published in both member countries and non-member countries at the same time, and are protected by this Law.
How to apply for picture copyright registration How to apply for picture copyright registration has the following procedures:
First, the owner of the picture, or other copyright owners submit registration application materials;
Second, the work registration agency receives the application materials;
3. Acceptance and examination by the registration authority;
4. Making and issuing registration certificates;
Verb (abbreviation for verb) announcement.
Graphic copyright registration is a kind of copyright registration. Copyright, that is, copyright, refers to the rights (including property rights and personal rights) enjoyed by authors of literary, artistic and scientific works. Copyright is a kind of intellectual property, including natural science, social science, literature, music, drama, painting, sculpture, photography and film works.
Copyright registration behind the figure is a powerful time proof for the creation of the work. Scope of copyright protection: written works, oral works, music, drama, folk art, dance, acrobatic works, fine arts, architectural works, photographic works, film works and works created by methods similar to filming, graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams, and other works stipulated by computer software, laws and administrative regulations. Graphic symbols and graphic trademarks belong to works of art in copyright. If the copyright of graphics is not registered, it is easy to be registered as a trademark or become a corporate symbol of others. If the infringement is determined, it will not provide a strong proof of the time of graphic creation. If the copyright of a graphic is registered and infringement is found, a strong confrontation can be carried out.
legal ground
Trial measures for voluntary registration of works
Article 4 The applicant for the registration of a work shall be the author, other citizens enjoying copyright, legal persons or unincorporated entities, exclusive rights holders and their agents.
Article 8 When applying for the registration of a work, an author or other copyright owner shall present proof of identity or provide proof indicating the ownership of the work (such as a copy of the cover and copyright page, copies of some manuscripts, photos and samples, etc.). ), fill in the work registration form and pay the registration fee. Other copyright owners who apply for the registration of their works shall also produce certificates indicating the identity of the copyright owner (for example, the heir shall produce the identity certificate of the heir; The client of commissioned works shall present the entrustment contract). The owner of the exclusive right shall produce the contract to prove that he enjoys the exclusive right.
Article 9 After a work is verified by the work registration authority, the work registration authority shall issue a work registration certificate. The work registration certificate shall be made by the registration authority according to the samples attached to these Measures. The verification period of the registration authority is one month, counting from the date when the registration authority receives all the application materials submitted by the applicant.
How to apply for picture copyright can go to the provincial copyright bureau where the author's ID card is located to work in copyright registration. Article 11 of the Copyright Law stipulates that copyright belongs to the author, except as otherwise provided in this Law. The citizen who creates a work is the author. A work presided over by a legal person or other organization, created on behalf of a legal person or other organization, and in the charge of a legal person or other organization shall be regarded as the author. If there is no proof to the contrary, the signed citizen, legal person or other organization shall be the author.
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