1. What is copyright?
Copyright: refers to the property rights and spiritual rights enjoyed by natural persons, legal persons or other organizations in literary, artistic and scientific works. In China, copyright refers to copyright. Copyright in a broad sense also includes neighboring rights, which is called "copyright-related rights" in China's copyright law.
Second, what is the right to organize broadcasting?
The right of broadcasting organization refers to the exclusive right of broadcasting organizations to the radio and television programs they produce according to law. The rights of broadcasting organizations include: broadcasting organizations can ban unauthorized people.
(a) broadcast radio and television by wired or wireless means;
(2) Recording and reproducing radio stations and radio and television;
(three) broadcast radio and television to the public through the information network.
The term of protection of this right is fifty years, ending on 65438+February 3 1 day in the fiftieth year after the first broadcast of this radio and television.
legal ground
Copyright law of the people's Republic of China
Article 49 In order to protect copyright and copyright-related rights, the obligee may take technical measures.
Without the permission of the obligee, no organization or individual may intentionally evade or destroy technical measures, manufacture, import or provide relevant devices or components to the public for the purpose of evading or destroying technical measures, or intentionally provide technical services for others to evade or destroy technical measures. However, the circumstances that can be avoided as stipulated by laws and administrative regulations are excluded.
The technical measures mentioned in this Law refer to effective technologies, devices or components used to prevent or restrict browsing and appreciation of works, performances and audio-visual products or to provide works, performances and audio-visual products to the public through information networks.
How to protect the copyright of photographic works? First, how to protect the copyright of photographic works? 1. After you know your rights, don't rush to find the other party's theory when you encounter a sneak shot. Before the theory, you need to take screenshots/videos, and keep the evidence of stealing pictures. Due to the possibility of forgery and Ps in screenshots, it does not have strict notarization function in law. Video can be used to preserve evidence before using legal weapons. On the one hand, this method has low cost and is not difficult to realize. On the other hand, recording the act of taking candid photos is more convincing evidence. No matter whether the other party will delete pictures or texts in the future, it is difficult to refute the fact of stealing pictures. The specific method is to use high-definition camera tools (if you really don't have them, you can use your mobile phone, but try to shoot them clearly) to record the evidence of infringement, from the original domain name/address of the picture to the release time and its influence. 2. Private negotiation Before the negotiation, you should not only hold the evidence of infringement, but also prepare the evidence that can prove that it is your original work (generally referring to the original file in Raw format) and relevant copyright and legal knowledge, then contact the other party through various channels, show the purpose to the other party in the most direct way, inform the other party of the consequences, and ask the other party what to do (apology/deletion of pictures/elimination of influence/compensation, etc. There are two main reasons for the success of private negotiations. First, it has proved to be a strong evidence of your work, and second, the art of speaking is neither humble nor supercilious. People who know well about copyright law and law are more likely to succeed, at least you can suppress each other from the momentum. 3. Pressure from Weibo. If the other party fails to respond positively after trying to communicate via Weibo/WeChat message or telephone/SMS, you can consider using an influential public platform to put pressure on the other party. Generally speaking, both individuals and enterprises are very concerned about their own image. The author Weibo Aite's response is a great trick to solve the infringement, and generally 90% of the infringement can be effectively solved here. However, Weibo doesn't mess with her hair. In addition to showing evidence that you are the original author, you can also disclose the uncooperative and indifferent attitude of the other party. This is an emotional card. At the same time, Aite's object is not only the object you want to "hang up", but also the joint organization of the leader in charge of the other party's work unit/the same industry big V and the map stealing alliance, which is also the necessary way to make the other party submit to the fermentation incident. 4. Legal channels If the above acts are tried and the other party is still indifferent, there is no way to pick up legal weapons, and lawyers' letters, complaints and notarized evidence can all go up. Photographers in China should protect their actual works according to their own actual conditions. After shooting, we should actively register this kind of copyright, and also watermark the photos to safeguard our actual copyright rights. When they discover the infringement, they can grasp the corresponding evidence and safeguard the copyright.
Legal analysis on how to apply for copyright protection of pictures: 1. Fill in the application for work registration, work registration form, right guarantee, and submit the original and photocopy of the work, and the description of the work (explaining the creative idea, main features and contents of the work, etc.). );
2. If an individual author applies for registration, he shall also submit a copy of his ID card;
3. Where the copyright owner applies for the registration of a commissioned creation, it shall also submit a copy of the ID card of the copyright owner and creator (if the copyright owner and creator are units, a copy of the business license or legal person code certificate and a copy of the ID card of the legal representative shall be submitted), the original and a copy of the commissioned creation contract or agreement;
4. If a cooperative work applies for registration, it shall also submit a copy of the ID card of the co-author (if the co-author is a unit, a copy of the business license or legal person code certificate and a copy of the ID card of the legal representative), the original and a copy of the co-creation contract or agreement;
5. To apply for the registration of job works, a copy of the author's ID card, a copy of the business license or legal person code certificate of the copyright owner or exclusive user, a copy of the legal representative's ID card, the employment contract and the original and copy of the copyright ownership certificate shall be submitted;
6. When applying for the registration of artistic works or photographic works, the applicant shall submit the above-mentioned relevant materials as well as photos of the works.
Legal basis: Article 12 of the Copyright Law of People's Republic of China (PRC) refers to a natural person, a legal person or an unincorporated organization that has signed a work as an author, and has corresponding rights in the work, unless it is proved to the contrary. Authors and other copyright owners may register their works with registration agencies recognized by the national copyright authorities. The provisions of the preceding two paragraphs shall apply mutatis mutandis to copyright-related rights.