Copyright Protection of Pictures —— How can photographers protect the copyright of pictures and realize the value of their works?

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 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 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 shall be 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 shall be protected by this Law.

How can photographers protect the copyright of pictures and realize the value of their works? 1. How can photographers protect the copyright of pictures and realize the value of their works? People usually think that protecting the copyright of photographic works means safeguarding rights and litigation, and this understanding is relatively elementary. Copyright is a very abstract concept in theory. Only when it is combined with the market can the photographer's rights be truly reflected. Therefore, the ultimate goal of protecting photography copyright is to operate the copyright of excellent works of members of the Photography Association, which is the core of protecting photography copyright. On the one hand, copyright protection is to guide the legal use, legal authorization and genuine use of the society, and do a good job in popularizing relevant laws and regulations; On the other hand, there is a more important task, which is to establish the personal dignity of photographers in society and improve the market value of excellent photographers and excellent photographic works. We launched the limited certification of photographic works to build a brand, with the aim of helping photographers put their excellent works into the art market and improving the market value of photographers and photographic works. Our requirements for limited authentication of photographic works are relatively strict, and are bound by the laws of international photographic works and art markets. Second, the characteristics of the work 1. Works are expressions of thoughts and emotions, not thoughts and emotions themselves. 2. The work should be original. 3. Expression belongs to the category of literature, art and science. 3.( 1) The object of protection of written works; (2) Oral works; (3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) cinematographic works and works created by similar cinematographic methods; (seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) Computer software; (9) Other works as prescribed by laws and administrative regulations. 4. The unprotected object is 1, which does not meet the substantive requirements of the work, mainly including calendar, summary table, summary table and formula 2. In order to protect the public interests of the country or society, it is not appropriate to protect laws and regulations, resolutions, decisions and orders of state organs and other documents with legislative, administrative and judicial nature and their official translations by copyright law; (2) Current news (Article 5 of the Regulations on the Implementation of the Copyright Law of People's Republic of China (PRC) stipulates that the current news in the Copyright Law and these Regulations refers to the reporting of pure facts through newspapers, periodicals, radio stations, television stations and other media. In order to better protect his works from being used or modified by others or enterprises at will, the author of the works can also put forward copyright protection to the relevant departments in time after completing the works. After applying for copyright protection, if others use the work at will, the copyright owner can also apply for compensation according to law and ask the other party to stop the infringement.

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: Article 12 of the Copyright Law of People's Republic of China (PRC) refers to a natural person, a legal person or an unincorporated organization that has signed a work as an author, and has corresponding rights in the work, unless it is proved to the contrary. 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.