Traditional Culture Encyclopedia - Photography and portraiture - How to prove the copyright ownership of the pictures I made —— How to identify the copyright of the pictures
How to prove the copyright ownership of the pictures I made —— How to identify the copyright of the pictures
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 change of opinions or other legitimate reasons, but appropriately compensating the publishing unit for its losses; (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 identify the copyright of a picture The copyright of a picture should be identified as follows: Generally speaking, whoever belongs to the copyright is the creator of the picture. Copyright belongs to the author, and the general copyright applicant is the copyright owner, but under special circumstances, the copyright belongs to the heir of the copyright owner.
legal ground
"Trial Measures for Voluntary Registration of Works" Article 8 When applying for registration of works, authors or other copyright owners shall show their identity certificates or provide certificates indicating the ownership of works (such as copies of cover and copyright pages, 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 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.
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