Traditional Culture Encyclopedia - Photography major - How to prove the copyright of photographic works —— How to use any photo to make copyright registration?
How to prove the copyright of photographic works —— How to use any photo to make copyright registration?
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 can it be copyrighted with any photo? First of all, copyright protects original works, so to obtain copyright protection, its photographic works should be original. The steps of photographing copyright registration are as follows:
I. Information required:
1. Works: scanned copy of business license, scanned copy of front and back of legal person ID card, sample of works, power of attorney, guarantee of rights, and statement of creation of works.
2. Personal works: the front and back of the personal author's ID card, work samples, power of attorney, and rights guarantee.
Second, the handling process:
Fill in the materials-submit-accept-review-issue the certificate (issue the certificate within 7- 10 working days)
Third, how to deal with:
1. Go to the local copyright registration department to apply for copyright registration protection.
One of the best ways to protect copyright is to go to copyright registration and get a copyright registration certificate.
2. Or apply for copyright registration protection from the Internet.
The advantage of doing copyright registration online is that you can do business without leaving home. The disadvantage is that it usually takes a little longer to register with the copyright registration department through the website than to register directly with the copyright registration department, and the cost may be slightly higher than the direct application.
3. The most convenient thing is to find a professional agency for copyright registration.
Looking for a professional organization to carry out copyright registration can avoid unnecessary troubles. Some agencies will develop different intellectual property packaging services according to the different needs of customers. For example, the respondents will get different discounts according to the number of your applications, and the consultant of the organization will also give you some choices when registering, such as whether to register as a single work or a series of works, whether to choose art works or graphic works, and whether to choose physical photos or design pictures as samples. Among them, for a series of works, if there is little difference between products, you can choose one or two representative registrations, because a product registration certificate can prove the effectiveness of all series of products, so from the perspective of cost performance, you may also suggest choosing one or two representative registrations.
How to see if the picture is copyrighted? Question 1: What kind of pictures are copyrighted? If the copyright protection mark is applied, should there be a copyright mark? Otherwise, how do you know that the copyright of the picture is 15 and the copyright protection sign is 1? (circle plus c) symbol. A work marked with copyright means that it is protected by copyright. However, works without copyright logo do not necessarily mean that they are not protected by copyright. The copyright of works in China adopts the principle of automatic acquisition, and works are produced voluntarily from the date of creation. Registration of works is not a necessary procedure for copyright acquisition. 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.
2. A large number of copyrighted works are not marked with copyright marks.
3. The copyright protection period of the work is the author's life +50 years; Work in the unit for 50 years. Works that have passed the protection period enter the public domain and can be used by others; However, it shall not infringe upon the personal rights of the original author, such as the right of signature, the right of revision, and the right to protect the integrity of the work.
Question 2: How to judge whether there is a copyright dispute in a picture depends on similarity, main components and salient parts (this is the most important, and it doesn't matter if only a small part is the same).
Question 3: Are the pictures found on Baidu copyrighted? Some are, but only a few. Generally, after you download the original picture from Baidu and save it to your mobile phone, you will find that it is just an interesting picture rather than the original picture, that is, there are copyright restrictions.
Question 4: How to check the source or copyright of a picture on the computer 10 depends on whether the picture author has made relevant information in the drawing properties. If not, you can't identify the source or copyright of the picture.
You can select a picture and right-click Properties-Summary-Advanced to view or set the information of the picture.
See if this place is useful!
Question 5: 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 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 out. 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.
To sum up, you can sit down properly. Ask me if you have any questions, and I will try my best to help you. . . . . .
Question 6: Is the picture of Baidu Sousu copyrighted? The problem is this: some pictures are copyrighted, but you don't know. Usually we use pictures as the desktop, upload them to the space as photos, and use them as illustrations of blog posts. This is entertainment, no profit motive, no one will bother you. However, if you use pictures for advertising, or for commercial activities, such as using a photo of a star, and it has a great influence, then someone will come to your door and say that you have violated the right to portrait, copyright, copyright and so on.
To sum up, pictures can be used for fun, and the pictures and photographs of those stars should not be used for commercial profit-making activities.
Question 7: How to find the copyright of a picture is generally copyrighted and marked. Most of them are not marked, so you can use them safely.
Question 8: How to inquire about how to obtain the copyright of a picture in copyright registration? There are two ways: automatic collection and registration collection. In China, according to the copyright law, works automatically enjoy copyright after completion. The so-called completion is relative, as long as the object of creation has met the statutory conditions for the composition of the work, it can be protected by copyright law as a work. Theoretically, according to different properties, copyright can be divided into copyright and neighboring rights. Simply put, copyright is aimed at people who create related spiritual products, while the concept of neighboring rights is aimed at participants in related industries who perform or help spread the carrier of works, such as performers, producers of audio-visual products, radio and television stations, publishing houses and so on.
Copyright does not need to be applied, 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 (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).
Question 9: How did the pictures of the photo websites such as Petal Net come from? Is there a copyright? Copyright pictures are copyrighted (that is, copyright), and online pictures are also copyrighted. If your use of the picture does not violate the following regulations, you can use it legally.
The copyright owner may prohibit or allow:
(1) Reproduce various works in various forms, such as China's works or music works by printing or recording.
(2) Oral performance of his works, such as public performance of drama and performance works or music works, oral performance of China's works, etc.
(3) Publicly broadcasting and disseminating his works through radio, cable television, satellite or the Internet.
(4) Publicly distributing its audio-visual works; Show his photographic works, artistic works and graphic works to the public.
(5) Translating one's own works into other languages, or adapting them, such as adapting novels into screenplays and translating English versions into Chinese versions.
(6) Many creative works protected by copyright need a lot of distribution, dissemination and investment to be promoted (such as publications, music works and movies).
Question 10: Is my photo copyrighted? If your personal portrait is in it, that portrait will make the silly photo copyrighted, or you can take a natural phenomenon that no one has taken, which is also considered ownership. In addition to the above two, your situation should belong to the latter, because it is impossible to copy it instantly, so unauthorized use should be a violation of your ownership.
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