Copyright application-how to apply for intellectual property rights

How to apply for a patent for an original picture is actually not patentable. Patent protection in China is based on the application in industrial production, but pictures cannot be patented. If you want to apply for a patent, you can apply for a design patent with the packaging of the picture design, and there is a product as the carrier, otherwise you can only apply for copyright protection.

If you want to apply for a patent for design, the materials needed to apply for a patent for design are:

1. When applying for a patent for design, you need to prepare photos or pictures of the design, but you should pay attention to the clarity of the photos to avoid the inability to clearly display the design of the product due to focusing and other reasons.

2. The photo background should be single, so as to avoid anything other than the design product. There must be a proper brightness difference between the product and the background to clearly show the appearance design of the product.

3. Photographing should usually follow the rule of orthographic projection to avoid the distortion caused by perspective from affecting the expression of product design.

4. Photos should avoid the expression of product design affected by strong light, reflection, shadow and reflection.

5. Products in photos should usually avoid containing content or background, but when the product design can be clearly displayed by relying on content or background, it is allowed to keep content or background.

Picture copyright protection copyright does not need to apply, and it is automatically protected by copyright law from the date of creation. However, in order to safeguard the legitimate rights and interests of authors or other copyright owners and users of works, help solve copyright disputes caused by copyright ownership, and provide preliminary evidence for solving copyright disputes, the state has established a voluntary registration system for copyright of works in view of how to apply for copyright protection of pictures. Copyright owners can register copyright of works with China Copyright Protection Center or the copyright administrative departments of provinces (cities, autonomous regions). In China, the principle of automatic acquisition is adopted for how to apply for copyright protection of pictures. Works are produced voluntarily from the date of creation, and registration of works is not a necessary procedure for obtaining copyright. Works should be registered voluntarily. Whether a work is registered or not does not affect the copyright obtained by the author or other copyright owners according to law. Therefore, works without copyright marks are still protected by copyright. How to apply for picture copyright protection?

(1) Pictures belong to works of art in the copyright law and are protected by the copyright law. You can design your own pictures and go to the provincial copyright bureau where your ID card is located to work in copyright registration. Once it is found that others use your work without permission:

(1) If the work is copied, you can file an administrative complaint with the provincial copyright bureau and request administrative protection;

(2) If the work is plagiarized, you can bring a civil lawsuit to the people's court to safeguard the legitimate rights and interests.

(2) downloading copyrighted pictures of others from websites for commercial use without permission will bear civil liabilities such as compensation; Those who harm the public interest shall bear administrative responsibility; If the circumstances are serious, they shall also bear criminal responsibility. How to prove that you enjoy the copyright of a work is the most direct way. In addition, the copyright certificate of a work obtained through copyright registration, or the submission of a manuscript of a work claiming copyright, a certificate issued by a certification body, a contract for obtaining rights, etc., will be presumed to be the copyright owner.

(1) Application fee for software copyright registration, 250 yuan/piece. This fee is limited to the registration of the program and one of its documents. For example, if you apply for multiple certificates, you will receive more 80 yuan for each additional certificate. Abnormal margin handling fee, 320 yuan/piece.

(2) Filing fee for right transfer, assignment or license, 300 yuan/piece; Inheritance: 200 yuan/piece.

(3) Software copyright renewal fee, 550 yuan/piece.

(4) The charging standard for Software Copyright Registration Certificate, Software Rights Transfer Filing Certificate and Software Copyright Renewal Certificate is 50 yuan/piece.

(5) Change or supplement the registration fee 150 yuan/piece.

(6) Objection request fee, 150 yuan/piece.

(7) Review request fee, 150 yuan/piece.

(8) The storage fee of the software source program is less than 100 pages 120 yuan, and if it exceeds 100 pages, a 2 yuan will be charged for each additional page.

(9) The processing fee is requested to be postponed for the first time 100 yuan/piece, and for the second time in 200 yuan.

legal ground

：

patent law

Article 26

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.

patent law

Article 27

To apply for a patent for design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.

Copyright law of the people's Republic of China

Article 3 The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:

(1) Written works;

(2) Oral works;

(3) Music, drama, folk art, dance and acrobatic works;

(4) Artistic and architectural works;

(5) Photographic works;

(6) Audio-visual works;

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) other intellectual achievements that meet the characteristics of the work.

How to apply for intellectual property rights of pictures First of all, according to the relevant provisions of China's copyright law, pictures and photos enjoy the same rights as authors and writers, that is, copyright, so pictures can apply for intellectual property rights. Second, intellectual property rights include patents, trademarks and copyrights, and it is necessary to analyze in detail what kind of intellectual property rights need to be applied for. If you apply for a picture patent, you can apply to the patent office; Anyone who applies for a trademark may apply to the Trademark Office; Anyone who applies for copyright may apply to a copyright agency for registration. Article 2 of People's Republic of China (PRC) Copyright Law, article 4 of People's Republic of China (PRC) Copyright Law, article 4 of People's Republic of China (PRC) Trademark Law and article 3 of People's Republic of China (PRC) Patent Law.

Dry goods | How to apply for the right to use pictures Hello,

Here are the online and offline, I am sister Miao Jun ~

When writing a paper, we often come across some pictures related to the paper, which can usually be found in other documents. But these pictures can't be used directly and need authorization.

This issue will introduce how to apply for the right to use pictures.

Method 1: Copyright

1. Find the document where the picture is located, and take the article Sleeponmemory for Condition as an example to find the original text of the publishing house, and click Request &；; Permission.

You can also use Copyright_ lip:

Inquiry.

2. Log in and click _ignin.

If there is no account, click Create Account, which can be divided into individual application and organization application.

3. After logging in, make a choice according to your own use after claiming copyright. Select _ want _ _ epublishanjournal/magazine here.

After that, click quickprice, and it may collapse many times. Try a few more times → continue.

4. Fill in your paper information

5. Supplementary information, pay attention to the number of copies, clearly fill in which picture to use (describe the picture/photo to be used, and attach the identifier of the original content, as shown in figure 1.2, table 7, picture on page 2, etc. ).

6. Order verification

PS: Some places need to be charged, while others don't.

7. After the application is confirmed, just save the webpage. After that, you will receive a confirmation email at the email address you used when logging in.

Other methods

1. Buy copyright. There are templates for copyright agreements online. The following is for reference.

2. If you redraw yourself according to the pictures in the literature, you don't need copyright.

3. Send an email to ask if you can directly authorize it (write clearly which picture of which article you need, your article name, your unit, and the journal you want to contribute), if you can indicate the source in the paper; However, the general copyright may belong to the periodical, so it is best to send an email to both the periodical and the correspondent to ask.

4.OSA articles are free, you need to write the following sentences.

OSAOpenAccessLicenseforOSA-formattedjarjoarticlepdfs

AnOSA-formatteopenaccessjournalarticlepdfmaybegovernedbythoopenaccesspublishingagreementsignedbytheauthorandanyapplecopyrightlaws。 Authors and publishers can use, reuse and create non-commercial and appropriate attributes.

This issue is over!

Typesetting: flowers and flowers

Proofreading: Sister Miao Jun.