Traditional Culture Encyclopedia - Photography and portraiture - There are several ways to sign the copyright of illustrations-how to sign the works correctly?
There are several ways to sign the copyright of illustrations-how to sign the works correctly?
Madeby and by mean that the work is made by the author, used for non-original works, works made according to the tutorial, etc.
Copyright is copyright. Use a copyrighted work to show that the work is protected by copyright.
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 properly sign a work not only clarifies the author and copyright owner, but also embodies the market value and authority of the work and other important significance. With the strengthening of the awareness of copyright protection in the whole society, litigation disputes are increasing. When trying such cases, judges usually determine the subject of litigation, the subject of rights and the subject of infringement according to the signature on the works. Proper signature on works has also become an issue that can not be ignored by rights holders and infringers. The following summarizes and analyzes several common signature problems in practice:
First, improve the popularity of the book and hang other people's names.
Nominally, the popular explanation is not the author but the signature of the author. In recent years, in the book market, especially some books for study and examination, the phenomenon of signing authors is very common. It seems that only famous professors and scholars can reflect the high quality and authority of books and have a best-selling chance.
Once a nominal book is infringed, the nominal author will often be sued to the court as an infringer. According to whether the named person knows or not, it can be divided into two categories: knowing the named person and not knowing the named person. Their views on the accused person are completely different. Although the author who knows the title of the book doesn't know much about the infringement facts, the risks and benefits are saved because he has agreed to the title before. Once the name of a book infringes the rights of others, he can only bear the tort liability together with the actual infringer.
When an unsuspecting nominal person is sued, his emotions are often intense. He not only firmly denied his infringement, but also insisted on drawing a clear line with other defendants. For example, a famous English professor in China was signed as the editor-in-chief of a middle school English test series, and the professor was sued to the court for alleged infringement of the series. In the lawsuit, the professor insisted that he was unaware of the publication of the books involved, did not participate in the writing of the series of books, and did not agree to be named. Although other parties could not submit evidence to prove that the professor agreed to be named, and finally the court did not judge the professor to bear tort liability, it was inevitable that he was dragged into the lawsuit for no reason, resulting in considerable litigation costs.
Second, in order to strengthen the authority of the signature.
Virtual signature is to sign a nonexistent person as the author. This kind of situation generally appears in some tools or textbooks, and fictional authors enrich the editorial board team to show the huge team of authors.
When there is a copyright infringement dispute, whether there is a fictitious signature on the book of the right holder or the book of the infringer, it will have an impact on the litigation process, which is not conducive to protecting the rights of the actual right holder and punishing the actual infringer. In the lawsuit, the court will carefully examine the obligee through signature, and usually regard all the signed authors as * * * co-authors, and * * * will jointly enjoy the copyright, and will not easily deny the rights of the signed authors. When there are fictitious signatures in books, it is not easy for some authors to prove that other authors do not exist and deny the rights of other signatories. When some authors, as all copyright owners, claim rights or the obligee only sues some infringers, they may face the situation that the subject is unqualified or the court needs to add additional parties, which leads to the obstruction of litigation procedures and the interests of the obligee cannot be safeguarded in time.
Third, free signature in the network environment.
The Internet has become a platform for the public, especially some "grassroots" artists to show their talents. The phenomenon of publishing works such as words, pictures and music on the Internet is very common, and random reprinting and modification also occur frequently. To sue others for infringement, the obligee must first prove that he is the author of the work involved, and the most direct way is to point out that the work has its signature. Usually, people are not used to using their real names on the Internet, but use pseudonyms that can reflect their personality or do not sign their names at will, and some even use different pseudonyms at the same time. Quite a few of these signed works clearly reflect the author's intention to spread his works widely by netizens, but it does not rule out that some authors still want others to use them with permission. When others want to use these works, because it is not easy to find the real author, it is inevitable to use them first, and the obligee will negotiate after finding them. As a result, there are many litigation disputes, and when entering the litigation stage, what kind of signature can reflect the relationship with the parties is something that the parties themselves need to prove.
4. Wrong naming due to mistakes.
Just like someone writes his name wrong, it seems difficult to understand the situation of omission due to mistakes, but it often happens in the signature of film and television works. The signature of a domestic film to the producer is generally reflected in the shooting or production unit designated at the beginning or end of the film. Because some units usually use abbreviations or nonstandard titles, it is easy to habitually use these nonstandard signatures in film and television works. Once there is an infringement dispute, it takes a lot of energy to prepare evidence to explain what the real signature should look like.
There is still a chance to make up for the above misnaming through other evidence, and in some cases there is no chance to make up. If a website indicates at the bottom of the page that the copyright belongs to Company A, Company A is sued to the court by the obligee for the infringing content published by the website. Company A said that the copyright logo at the bottom of the website was wrong due to work errors, and the website operator and copyright owner should be Company B, an affiliated company of Company A. Since Company A and Company B are affiliated companies, the public, including the obligee, does not know who is the actual copyright owner of the website, and the copyright logo on the website itself has publicity effect. In the absence of sufficient evidence to refute this statement, the court ruled that Company A was responsible for the infringing content in the website.
Signature is the author's right. China's copyright law respects the author's freedom to sign. He can sign his real name, pen name and stage name or not. At the same time, the public knows the connection between the author and the work through signature, so the signature problem is not only the embodiment of the author's will, but also needs to be restricted.
First of all, we should follow the principle of good faith and put the creator's name on the work, so as to avoid infringing on the rights and interests of uninformed registrants, and to prevent registrants from being implicated in litigation because of the infringement of works, which is also a respect for the public's right to know the author.
Secondly, it should be signed in an appropriate way that can reflect the association with the author. Especially in litigation practice, there should be minimal contact to prove who the author of the work is, and what kind of relationship exists between the obligee or infringer and the work, so as to ensure that the work created by him is protected by law or bear the corresponding tort liability for infringement.
Third, the name expression should be standardized. Signature needs certain certainty and stability. Some daily nicknames and abbreviations can be used as signatures on works, but special reminders are needed to show their relationship with full names. In addition, in the legal sense, a signed work is a rigorous legal act and has the effect of publicly declaring the obligee. Unless there are legal reasons, the signing behavior cannot be revoked at will. Therefore, the name expression should be standardized when signing. Author: Cao Liping
- Previous article:202 1 social practice experience 2000 words can get everything done.
- Next article:Why don't the photos you took look good?
- Related articles
- How to write the style orientation of microfilm photography?
- What is the name of a girl wearing pink headphones and a red scarf?
- INMO Air, the first consumer-grade AR glasses, is released, with 6DoF tracking scheme and complete wireless connection.
- The story of Sherlock Holmes 1983
- How to use the things in the cosmetic box
- How to maintain golden pimple bonsai in spring
- How to take panoramic photos?
- How about Baotou Yunfeiyang Cultural Communication Co., Ltd.?
- Fang Fang Ben typesetting course
- Is iPhone 1 1 Pro Max a real fragrance machine? Evaluation of freshly baked photos (photography)