Traditional Culture Encyclopedia - Photography major - Can I apply for copyright? How come? -How to apply for copyright protection?
Can I apply for copyright? How come? -How to apply for copyright protection?
China copyright protection center
Or the copyright administrative department of each province (city or autonomous region) shall register the copyright of the work. According to the provisions of relevant laws, those who apply for copyright registration of pictures, if they are photographic works, need to pay the registration fee. For each piece of 300 yuan, if it is a series of works, the second piece is 100 yuan. The applicant submits the registration application materials-the registration institution checks the receiving materials-notifies the payment-the applicant pays the registration fee-the registration institution accepts the application-examines-produces and issues the registration certificate-and makes an announcement.
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) When entrusting others to apply for it, the agent shall submit it to the applicant.
Authorization letter
; (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 will not be 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 query of appearance patent, you can only find it.
Patent number
Legal basis:
copyright law
Article 2 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 foreigners and stateless persons according to the agreements signed between their countries or countries of habitual residence and China or international treaties to which they are both parties 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 jointly 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 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.
Legal analysis on how to apply for copyright protection of pictures: 1. Fill in the application for work registration, work registration form, right guarantee, and submit the original and photocopy of the work, and the description of the work (explaining the creative idea, main features and contents of the work, etc.). );
2. If an individual author applies for registration, he shall also submit a copy of his ID card;
3. Where the copyright owner applies for the registration of a commissioned creation, it shall also submit a copy of the ID card of the copyright owner and creator (if the copyright owner and creator are units, a copy of the business license or legal person code certificate and a copy of the ID card of the legal representative shall be submitted), the original and a copy of the commissioned creation contract or agreement;
4. If a cooperative work applies for registration, it shall also submit a copy of the ID card of the co-author (if the co-author is a unit, a copy of the business license or legal person code certificate and a copy of the ID card of the legal representative), the original and a copy of the co-creation contract or agreement;
5. To apply for the registration of job works, a copy of the author's ID card, a copy of the business license or legal person code certificate of the copyright owner or exclusive user, a copy of the legal representative's ID card, the employment contract and the original and copy of the copyright ownership certificate shall be submitted;
6. When applying for the registration of artistic works or photographic works, the applicant shall submit the above-mentioned relevant materials as well as photos of the works.
Legal basis: The natural person, legal person or unincorporated organization who signed the work in Article 12 of the Copyright Law of People's Republic of China (PRC) is the author, and there are corresponding rights in the work unless the contrary is proved. Authors and other copyright owners may register their works with registration agencies recognized by the national copyright authorities. The provisions of the preceding two paragraphs shall apply mutatis mutandis to copyright-related rights.
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