Traditional Culture Encyclopedia - Photography major - Several methods of judicial expertise to prove the copyright of photographic pictures
Several methods of judicial expertise to prove the copyright of photographic pictures
First, how to prove that the photo is your own copyright?
The negative film is the most original, powerful and fundamental evidence, which should be well preserved. When we publish, we should put our own watermark on the picture to identify the photographer. This can prove that the picture is our own copyright.
1, the photographer should keep the original film, which can be saved on the computer or USB flash drive and cannot be lost;
2. You can consider uploading the picture to a third-party network platform, and at the same time affix your own watermark, and sign the photographer: XXX, or you can send the watermarked picture to yourself or your friends by email. Whether uploading to a third-party platform or sending an email, there will be an uploading or sending time. If there is no earlier time, it can be presumed that the person who holds the picture at this time is the copyright owner;
3. You can apply to the copyright administrative department for copyright registration and obtain a certificate of registration of works. However, because the copyright registration is only a formal examination, the person who has obtained the work registration certificate may not be sure that he is the copyright owner, so he needs to make a comprehensive judgment based on other evidence.
The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of copyright civil disputes.
Article 7 Manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification bodies and contracts for obtaining rights provided by the parties may be used as evidence.
A natural person, legal person or other organization whose name is signed on a work or product shall be regarded as the owner of copyright and rights and interests related to copyright, unless it is proved to the contrary.
Second, what does copyright mean?
Copyright, also known as "copyright", refers to the rights enjoyed by the author or others (including legal persons) on a certain crop according to law. According to the regulations, the author enjoys the following rights: (1) publishing his work under his real name, pseudonym or unsigned name; (2) protecting the integrity of the work; (3) Revising a published work; (4) Declaring to withdraw the published work due to change of opinions or other legitimate reasons, but appropriately compensating the publishing unit for its losses; (5) using a work in the form of publication, reproduction, broadcasting, performance, exhibition, shooting, translation or adaptation through legal channels; (6) Obtaining economic remuneration for others' use of the work. If the above rights are infringed, the author or other copyright owner has the right to demand that the infringement be stopped and compensate for the losses.
The above knowledge is Bian Xiao's answer to relevant legal questions. According to the relevant laws and regulations of our country, the negative film is the most original, powerful and fundamental evidence. We should take good care of it. When publishing, you should put your own watermark on the picture to identify the photographer. This can prove that the picture is our own copyright. If you need legal help, readers are welcome to consult.
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