How to Prove the Copyright of Your Pictures —— How to Apply for the Copyright of Pictures

How to prove that the copyright of the picture belongs to you!

According to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes, manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification bodies, contracts for obtaining rights, etc. provided by the parties can be used as evidence. A natural person, legal person or other organization whose name is signed on a work or product shall be regarded as the owner of copyright and rights and interests related to copyright, unless it is proved to the contrary.

In addition, China's "Regulations on the Implementation of Copyright Law" stipulates that for works with unknown authors, the copyright owner shall exercise the copyright except the right of signature. After the identity of the author is determined, the author or his successor shall exercise the copyright.

More detailed information can provide more accurate legal advice.

Several methods of judicial examination and approval to prove the copyright of photographic pictures; Now most things are copyrighted, just like photos and film and television works are signed by the author. If you don't have the copyright of these things, you can't prove that you created them yourself. So how do you prove that photos are your own copyright? Below, in order to help you better understand the relevant legal knowledge, Bian Xiao has compiled the following contents, hoping to help you.

First, how to prove that the photo is your own copyright?

The negative film is the most original, powerful and fundamental evidence, which should be well preserved. When we publish, we should put our own watermark on the picture to identify the photographer. This can prove that the picture is our own copyright.

1, the photographer should keep the original film, which can be saved on the computer or USB flash drive and cannot be lost;

2. You can consider uploading the picture to a third-party network platform, and at the same time affix your own watermark, and sign the photographer: XXX, or you can send the watermarked picture to yourself or your friends by email. Whether uploading to a third-party platform or sending an email, there will be an uploading or sending time. If there is no earlier time, it can be presumed that the person who holds the picture at this time is the copyright owner;

3. You can apply to the copyright administrative department for copyright registration and obtain a certificate of registration of works. However, because the copyright registration is only a formal examination, the person who has obtained the work registration certificate may not be sure that he is the copyright owner, so he needs to make a comprehensive judgment based on other evidence.

The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of copyright civil disputes.

Article 7 Manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification bodies and contracts for obtaining rights provided by the parties may be used as evidence.

A natural person, legal person or other organization whose name is signed on a work or product shall be regarded as the owner of copyright and rights and interests related to copyright, unless it is proved to the contrary.

Second, what does copyright mean?

Copyright, also known as "copyright", refers to the rights enjoyed by the author or others (including legal persons) on a certain crop according to law. According to the regulations, the author enjoys the following rights: (1) publishing his work under his real name, pseudonym or unsigned name; (2) protecting the integrity of the work; (3) Revising a published work; (4) Declaring to withdraw the published work due to the change of opinions or other legitimate reasons, but appropriately compensating the losses of the publishing unit; (5) using a work in the form of publication, reproduction, broadcasting, performance, exhibition, shooting, translation or adaptation through legal channels; (6) Obtaining economic remuneration for others' use of the work. If the above rights are infringed, the author or other copyright owner has the right to demand that the infringement be stopped and compensate for the losses.

The above knowledge is Bian Xiao's answer to relevant legal questions. According to the relevant laws and regulations of our country, the negative film is the most original, powerful and fundamental evidence. We should take good care of it. When publishing, you should put your own watermark on the picture to identify the photographer. This can prove that the picture is our own copyright. If you need legal help, readers are welcome to consult.

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.