Principles of protecting authors' rights and interests
The author's creation is the source of the whole social and cultural progress. Therefore, the law should strengthen the protection of copyright rights and encourage the author's creative enthusiasm.
(2) Encourage the dissemination of works.
Copyright law is not only formulated by the state to protect the rights and interests of authors, but also to encourage the widespread dissemination of works and the prosperity of social cultural life. Therefore, the fourth chapter of China's Copyright Law clarifies the protection of the rights of authors and disseminators, which is the embodiment of encouraging the wide spread of excellent works.
The principle of harmony between author's interests and public interests
In essence, the author's interests are private interests, and the wide spread of his works more reflects the needs of the public interest. In order to prevent the author from abusing the rights granted by the copyright law, which makes it difficult to realize the public interest, the copyright law also restricts the author's rights, such as stipulating the system of fair use and legal license.
(four) the principle of keeping consistent with the development trend of the international copyright system.
With the development of communication technology and international copyright trade, many works have been spread to other countries through various media, and the protection of copyright is strictly regional.
Second, the legal liability for copyright infringement
Anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law;
(seven) the use of another person's work, which should be paid but not paid;
(8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law;
(9) Using the layout design of books and periodicals published by publishers without their permission;
(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;
(ten) other acts of infringement of copyright and copyright related rights and interests.
After the work is completed, the owner of the work generally enjoys the copyright. From the time of obtaining the right, during the period of copyright protection, if the non-right holder wants to use the copyright of others, he needs to obtain the consent of the right holder. The specific way of consent is to sign a transfer contract or an authorization contract.
legal ground
Copyright law of the people's Republic of China
Forty-eighth television stations should obtain the permission of the copyright owner of audio-visual products and pay remuneration for broadcasting other people's audio-visual products; Playing other people's video products shall also obtain the permission of the copyright owner and pay remuneration.
How to protect the author's copyright? According to the copyright law, "works automatically acquire copyright from the date of creation". But you should know that the law needs evidence. Without evidence, you don't really have the rights you deserve, which leads to the design works being easily infringed and copied. The original work embodies the author's wisdom, time and hard work. How to preserve evidence and protect your legitimate rights and interests? As a student majoring in intellectual property, today I will talk about several ways to communicate with our friends.
PART 1I_ method of saving original materials for creation
Keep the original or electronic manuscript at the time of creation, the creative ideas of the work and other materials. If the contract has been signed, you can keep the script and the full text of the contract.
Part II _ Protection Methods of Copyright Bureau Registration
National Copyright Administration
Namely China Copyright Protection Center (only approved by the National Copyright Administration). This is one of the most effective methods to protect one's own copyright at present, and it is also the most convincing and legally protected method to protect copyright. This method is very standard and formal, and it also has legal effect internationally. Disadvantages are troublesome process, long cycle and charging.
China Copyright Bureau Registration Certificate Sample Map
Provincial copyright bureau
Processing department
According to the National Copyright Administration's Trial Measures for Voluntary Registration of Works, the copyright bureaus of all provinces, autonomous regions and municipalities directly under the Central Government are responsible for the registration of works of authors or other copyright owners within their respective jurisdictions.
Materials submitted for copyright registration of works.
(1) Application Form for Copyright Registration of Works.
(2) A copy of the right guarantee.
(3) Workbook.
(4) the identity certificate of the applicant.
(5) Where an application is entrusted to another person, the agent shall submit the power of attorney of the applicant and the identity certificate of the agent.
(6) Samples of works (samples of works in paper or electronic media can be submitted).
(7) Proof of ownership of rights.
process cycle
Completed within 15 working days after the registration institution accepts the registration application. Where materials need to be corrected, the applicant shall complete the correction within one month after receiving the notice of correction, and the registration institution shall complete the correction within 15 working days after receiving the materials that meet the requirements. Of course, in order to save trouble, you can also find a professional organization to handle it for you.
The third part: problem teaching; ぐぐ ぐ ぐ ぐ ぐ ぐ ぐ
For example, the current self-media, WeChat official account and headline number are all protected by originality, and you can also send long Weibo, QQ space, etc., and you can also prove your creation.
Shenzhen Digital Works Filing Center submits works for filing through the Internet, which breaks through geographical restrictions, has the characteristics of objectivity, truthfulness and quick circulation, and meets the special needs of creative industries in protecting intellectual property rights. Strict filing rules and advanced technical means ensure the credibility and authority of electronic certificates.
part 4i _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I
Simple and rude has the most legal effect (suitable for individual screenwriters without teams). Send the printed version of the work to yourself by courier, and don't open it after receiving it. Just use the time stamp to prove that you have this work. Simply put, if you write something, find a post office and send it to yourself. Never open it. You can take it out, because someone or an organization has infringed. Remember, only China Post is legal and effective, and express delivery is useless, such as Shentong and Shunfeng.
The fifth part _ Guamengben Lianmu teaching
Every province has a copyright registration center, and the digital copyright registration has only a time stamp. At present, the most authoritative ones seem to be copyright registration and time stamp.
Self-built timestamp
This kind of time stamp obtains time from time receiving equipment (such as GPS, CDMA, Beidou satellite) to the time stamp server, and the time stamp certificate is issued by the time stamp server. This time stamp can be used to identify the internal responsibility of the enterprise, and it has no legal effect after being certified by the court. Because the time received by the time receiving device may be tampered with, it cannot be used as a legal basis.
Time stamp with legal effect
It is a domestic third-party trusted timestamp authentication service created by the National Time Service Center of Chinese Academy of Sciences and Beijing United Trusted Technology Service Co., Ltd. The National Time Service Center is responsible for time service and punctuality monitoring. Because of its on-time monitoring function, the time in the timestamp certificate is guaranteed to be accurate and not tampered with. The platform for obtaining time stamps is the "Public Copyright Protection Platform", which can be synchronized with the National Time Service Center of Chinese Academy of Sciences.
I hope this article has inspired you.
How to Protect Copyright 1: How to Protect Copyright In the process of circulation and dissemination of digital works, the phenomenon of unclear copyright often appears. For example, digital pictures are easy to copy, and the original and backup are difficult to identify. In this case, after a digital picture is widely reprinted on the Internet, if there is a copyright dispute, it is difficult to determine who the original author of the picture is, and even it is difficult to determine what the original picture looks like after the picture has been maliciously modified. Nowadays, with the development of high technology and the popularity of the Internet, the disputes caused by the infringement of the ownership of digital works have intensified. How to protect the copyright of these digital works has become the common aspiration of people! According to the Copyright Law of People's Republic of China (PRC), works of citizens, legal persons or unincorporated units in China, whether published or not, enjoy copyright in accordance with this Law. It can be seen from this regulation that works have copyright as soon as they are produced, and as long as they are works (whether in traditional printed matter or digital form), they will certainly be protected by copyright law. China implements a copyright protection system, and as long as the work is completed, the author certainly enjoys the copyright. Therefore, if the author wants to protect himself in possible infringement disputes in the future, the best way is to keep the evidence that he is the only original author. How to keep the evidence? What should the copyright owner do in the face of the problems that digital works are easily tampered with without trace and the evidence is invalid and difficult to prove? In order to solve the problem of copyright protection in the digital age, under the guidance of famous domestic judges, scholars and copyright protection experts, the time stamp service center jointly established by the National Time Service Center and Trust * * * * launched a time stamp copyright protection service, which provided a convenient, fast and effective way for copyright owners. For a long time, people only protected copyright through people. In many countries, the fact that justice has legal effect proves that a notary is an individual who executes the signing of certificates. Notarization only registers any documents provided by the parties at the request of the parties, indicating that such an event has occurred, but the notary can't testify for the contents of the documents because he doesn't know all the contents of the documents, and the time stamp can realize the notarization of the contents of electronic documents. Time stamp is like an authoritative third-party electronic notarization. Time stamps provide real-time proof for all electronic documents and any subsequent changes. Time stamp can facilitate the copyright owner to prove when and what kind of works he owns, and solve the problem that it is difficult for the copyright owner to obtain evidence when copyright correction occurs. Time stamps cannot be forged. A timestamp can guarantee the 100% consistency and originality of all contents of your electronic document. Therefore, in contrast, paper notarization and the required fees have become an outdated notarization method. How to use timestamp registration now?
Question 2: How to protect copyright? Beijing Wuyi International Intellectual Property will answer your questions. Copyright is also called copyright. You can find Beijing Wuyi International Intellectual Property for copyright registration. Copyright registration involves works listed in Article 3 of the Copyright Law, such as written works, oral works, artistic photography works, film and television works, music works, video works, engineering and product design drawings and their descriptions.
Registration instructions
Registration of works is not a necessary procedure for obtaining copyright. Works should be registered voluntarily. Whether a work is registered or not does not affect the copyright obtained by the author or other copyright owners according to law. However, copyright registration is helpful to solve copyright disputes caused by copyright ownership and can provide preliminary evidence for solving copyright disputes. Work registration authority: Copyright bureaus of all provinces, autonomous regions and municipalities directly under the Central Government are responsible for the work registration of authors or other copyright owners within their respective jurisdictions. The National Copyright Administration is responsible for the registration of works by authors or other copyright owners in foreign countries and Taiwan Province Province, Hongkong and Macao.
Registration method
You can choose to register with the Copyright Bureau yourself or entrust an agency, Beijing Wuyi International Intellectual Property, to register.
Author condition
Must have creative ability; Must have actually carried out creative activities and created works.
Question 3: How to protect copyright under the network environment? For software developers, although software copyright registration is not a compulsory policy of the state, it is beneficial to register software.
1. The software copyright registration certificate is the most powerful evidence to prove the software rights when there is a software copyright dispute. This is not only a good proof in litigation or general disputes. However, if it is not registered, it is difficult for the copyright owner to obtain comprehensive protection.
2. Software copyright registration certificate is an important capital and wealth for software copyright owners to invest and trade. The present economy is a knowledge economy, and knowledge is valuable. The software copyright registration certificate is the last proof of knowledge.
3. Software copyright registration certificate is sometimes a very important weight for enterprises to apply for the recognition of high-tech enterprises. With the software copyright registration certificate, to a certain extent, it can prove that the enterprise has the core independent intellectual property rights, which is also a very important part of high-tech identification.
4. The Software Copyright Registration Certificate is an indispensable proof for an enterprise to apply for a software enterprise.
5. From the above points 3 and 4, it can be seen that the software copyright registration certificate is also a condition for enterprises to obtain national tax relief and talent preferential policies.
Question 4: Provisions on the duration of copyright protection In China, there are two ways to calculate the duration of copyright protection. For general works, "several death doctrine" is applied; For special works, the "publishing principle" applies. China's Copyright Law stipulates the duration of protection as follows: ① Duration of copyright protection for general works. First, the protection period of citizens' works property rights. The copyright laws of most countries stipulate that the copyright protection period of citizens' works is 50 years after the author's death. When formulating the copyright law in China, referring to the minimum standards required by the Berne Convention, it is stipulated that 50 years after the author's death and death is the copyright protection period. Second, the copyright protection period of legal person works and professional works. For the protection of works of legal persons or other organizations, most countries stipulate that the protection period of works is 50 years, but some countries stipulate that the protection period is less than 50 years. According to the provisions of China's Copyright Law, the copyright (except the right of signature) of the works of legal persons or other organizations, and the protection period of publishing rights and rights stipulated in Item (5) to Item (17) of Article 10 of the Copyright Law is 50 years, ending in 65438 in the 50th year after the first publication of the works. (2) Copyright protection period of special works. First, the copyright protection period of computer software works. Article 14 of China's "Regulations on the Protection of Computer Software" stipulates that the software copyright comes into being from the date when the software development is completed. If a natural person enjoys the software copyright, the protection period shall be from before the natural person's life to 50 years after his death, ending at 65438+February 3 1 day in the 50th year after his death; The software was co-developed, up to 65438+February 3 1 50 years after the death of the last natural person. If a company enjoys the copyright of the software, the protection period is 50 years, ending at 65438+February 3 1 day in the 50th year after the first publication of the software. However, if the software has not been published for more than 50 years from the date of completion of development, the Regulations will no longer protect it. Second, the duration of protection of anonymous works and pseudonyms. According to China's Copyright Law, the copyright protection period of works with unknown authors is 50 years, ending at 65438+February 3 1 day in the 50th year after the first publication of the works. Once the author's identity is determined, the provisions of the general protection period of copyright law shall apply.
Question 5: How to protect you from unpublished copyright?
1. Keep the manuscript as evidence of * * *.
2. Register copyright. Method three. Make a notarial certificate.
Question 6: What are the methods of copyright protection? Proprietary property rights owned by copyright owners:
1. Reproduce various works in various forms, such as China's works or music works by printing or recording.
2. Oral performance of his works in public, such as public performance of plays and performances or music works, oral performance of China's works, etc.
3. Publicly broadcast and disseminate his works through radio, cable television, satellite or the Internet.
4. Publicly distribute its audio-visual works; Show his photographic works, artistic works and graphic works to the public.
5. Translate his works into other languages, or adapt them, for example, adapt novels into screenplays and translate English versions into Chinese versions.
6. Many creative works protected by copyright need a lot of distribution, dissemination and investment to be promoted (such as publications, musical works and movies); Therefore, the copyright owner often authorizes his rights to the work to the person or company that is most capable of promoting the work in order to get remuneration, which is often paid when the work is actually used, so it is called license fee/royalty.
7. The property right of a work has a time limit, which is 50 years after the death of the creator according to the relevant treaties of the World Intellectual Property Organization. However, the national conditions of different countries are different, and the domestic laws of various countries can stipulate a longer period. This time limit enables creators and their successors to obtain economic benefits from their works within a reasonable time.
8. Copyright owners can usually protect their property rights and interests through administrative means or courts. The above means include searching the residence to find out what is produced or illegally copied, that is, "pirated" things related to protected works, as evidence to enforce their rights. The obligee may also request the court to issue an injunction against the illegal act, and may require the infringer to bear the liability for compensation for the damage to his personal rights such as property and name right.
Question 7: If the copyright is infringed, how to safeguard the copyright, prepare the relevant evidence of your copyright and the infringement of the other party, estimate your actual loss, and then bring a lawsuit to the people's court with jurisdiction according to law.
-Lawyer Yang
Question 8: How to protect the copyright 1 There are two kinds of copyright protection. One is to go to the China Copyright Bureau in Beijing to handle each other or to the local copyright bureau. The other is to find a professional intellectual property agency to help you.
Question 9: How to protect your copyright when publishing a book? As long as it is a work created by oneself, whether it is published or not, it should be protected by copyright law. What has been published and has its own signature can prove to be its own work.
If you are afraid that it will be difficult to prove that you are the author in case of copyright disputes, please go to the provincial press and publication administrative department for copyright registration.
Is this ok?