Traditional Culture Encyclopedia - Photography major - How to open the copyright certificate of picture works-how to handle the copyright certificate?
How to open the copyright certificate of picture works-how to handle the copyright certificate?
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 the copyright of a picture The copyright of a picture does not need to be applied, and it is automatically protected by the 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 (note that it is voluntary registration), and copyright owners can register copyright of works with China Copyright Protection Center or the copyright administrative departments of provinces (cities, autonomous regions). 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) 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 the copyright of its graphics 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 a copyright certificate? 1. Submission of works applying for copyright registration: Submit the works that you want to apply for copyright registration to the National Copyright Administration. 2. Entering copyright registration: the author himself or his agent submits relevant application materials to the National Copyright Administration, and fills 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 and issue a work registration certificate within one month. Three. Materials for applying for copyright registration: (1) Original and photocopy of the applicant's ID card and work permit for copyright registration. (2) An application for voluntary entry of a work into copyright registration. (3) Description of copyright registered works: mainly describing the contents and creation process of the works. (The explanation must be signed by the author) (4) Original and photocopy of the copyright registered work. (5) Guarantee for copyright registration. Four. Payment of copyright registration's fees: If approved, the Copyright Bureau will issue a payment notice, and then the applicant or agent shall pay the corresponding copyright registration fees according to the requirements of the notice. V. Formally accepting the application for copyright registration: The Copyright Administration will formally accept the application for copyright registration after it meets the registration requirements and pays the corresponding application fee. Copyright registration review: After the formal acceptance, the Copyright Bureau will conduct a series of standard reviews to see if there are any problems with the application, or if the author himself applied for it. 7. Issuance of copyright registration Certificate: After approval, the Copyright Administration will issue copyright registration Certificate in about two months.
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