How to get the copyright of a picture-how to apply for a patent for the original picture

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 1. Submit the works that you want to apply for copyright registration to the National Copyright Administration. 2. To enter the copyright registration procedure, the author himself or his agent shall submit relevant application materials to the National Copyright Administration, and fill in the application form for copyright registration and the guarantee letter for copyright registration. If there is no objection after examination, the copyright bureau will register it within one month and issue a work registration certificate.

Copyright Law Article 2 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 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 orthographic projection rule 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.

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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.