Traditional Culture Encyclopedia - Photography and portraiture - How to patent an original image
How to patent an original image
In fact, pictures cannot be patented. Our country’s patent protection is based on the premise that they can be used in industrial production. Pictures alone cannot be patented. If you want to apply for a patent, you can apply for a design patent with a picture-designed package and a product as a carrier. Otherwise, you can only apply for copyright protection.
If you want to apply for a design patent, the materials required for the design patent application are:
1. The design patent application requires photos or pictures of the design, but It is important to note that the photo should be clear to avoid the appearance design of the product not being clearly displayed due to focus or other reasons.
2. The background of the photo should be single and avoid content other than the design product. There should be an appropriate brightness difference between the product and the background to clearly show the appearance design of the product.
3. Photos should generally follow the rules of orthographic projection to avoid distortion caused by perspective that affects the expression of the product's appearance design.
4. Photos should avoid strong light, reflection, shadow, reflection, etc. that affect the expression of the product's appearance design.
5. The products in the photos should generally avoid containing interior contents or foils. However, when the appearance design of the product must be clearly displayed by relying on interior contents or foils, the interior contents or foils are allowed to be retained. .
No application for copyright protection is required for image copyright protection. 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, to help resolve copyright disputes caused by copyright ownership, and to provide preliminary evidence for the resolution of copyright disputes, the country has established a voluntary work copyright voluntary system on how to apply for image copyright protection. Registration system, copyright owners can register the copyright of their works with the China Copyright Protection Center or the copyright administrative departments of various provinces (municipalities, autonomous regions). Our country adopts the principle of automatic acquisition on how to apply for image copyright protection. Works are created voluntarily from the date of completion of creation. Registration of works is not a necessary procedure for obtaining copyright. Registration of works is voluntary. Regardless of whether the work is registered or not, the copyright obtained by the author or other copyright holders in accordance with the law will not be affected. Therefore, works without copyright markings are still protected by copyright. How to apply for image copyright protection?
(1) Pictures are works of art under the Copyright Law and shall be protected by the Copyright Law. Pictures you design can be registered for copyright at the provincial copyright bureau in the jurisdiction where your ID card is located. Once you discover that others have used your work without permission:
(1) If the work has been copied, you can file an administrative complaint with the Provincial Copyright Bureau and request administrative protection;
(2) If the work has been copied If you are plagiarized, you can file a civil lawsuit in the People's Court to safeguard your legal rights.
(2) If you download other people’s copyrighted pictures from the website for commercial use without permission, you will be subject to civil liability such as compensation; if you harm the interests of the public, you will be subject to administrative liability; if the circumstances are serious, Yes, you will also be held criminally responsible. How to prove ownership of the copyright of a work is the most direct way to sign the work. In addition, obtain a "Copyright Certificate for Works" through copyright registration or submit the manuscript of the work for which the copyright is claimed, a certificate issued by a certification agency, a contract for obtaining rights, etc. If it is verified to be true, it is presumed that he is the copyright owner.
(1) Software copyright registration application fee, 250 yuan per application. This fee is limited to the registration of a program and one document. If you apply to register multiple documents, an additional 80 yuan will be charged for each additional document. The handling fee for applying for an exception is RMB 320 per case.
(2) Registration fee for transfer of rights, transfer or license, 300 yuan/case; inheritance: 200 yuan/case.
(3) Software copyright renewal fee, 550 yuan/piece.
(4) The fee for software copyright registration certificate, software rights transfer registration certificate and software copyright renewal certificate is 50 yuan each.
(5) Registration fee for changes or supplements, 150 yuan/item.
(6) Objection request fee, 150 yuan/case.
(7) Reexamination request fee, 150 yuan/case.
(8) The software source program storage and storage fee is 120 yuan within 100 pages. For more than 100 pages, an additional 2 yuan will be charged for each additional page.
(9) The processing fee for requesting an extension is 100 yuan/case for the first time and 200 yuan/case for the second time.
Legal basis:
Patent Law
Article 26
To apply for an invention or utility model patent, you must submit Documents such as request, description, abstract and claims. The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and clearly and briefly define the scope of patent protection requested. For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant is unable to explain the original source, the applicant shall state the reasons.
"Patent Law"
Article 27
Whoever applies for a design patent shall submit a request, pictures or photos of the design, and A brief description of the design and other documents.
"Copyright Law of the People's Republic of China"
Article 3. The works referred to in this law refer to original and capable works in the fields of literature, art and science. Intellectual achievements expressed in certain forms include:
(1) Written works;
(2) Oral works;
(3) Music, drama, Works of folk art, dance, and acrobatics;
(4) Fine arts and architectural works;
(5) Photographic works;
(6) Audio-visual works;< /p>
(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) Other intellectual achievements consistent with the characteristics of the work.
- Related articles
- What is the title of the lyrics "There are many hot girls in your Weibo, and I am just one of them"?
- Notes on landscape photography
- Learn macro still photography. Mainly shoot jewelry, the budget is 1 0,000, and the proposed budget is1w. Now it has no texture. It is recommended to use it for a short time after buying it.
- Introduction to Zhiqiang Chi?
- Early tape cameras
- Dream of red oranges and strawberries on the hillside
- China Ancient Town Tourism Bibliography
- Simple etiquette of baby's full moon
- How to set the delayed shooting of Canon 750d?
- Wan Yue Jiangnan Guzhuang Photography