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 apply for a patent for an original picture is actually not patentable. Patent protection in China is based on the application in industrial production, but pictures cannot be patented. If you want to apply for a patent, you can apply for a design patent with the packaging of the picture design, and there is a product as the carrier, otherwise you can only apply for copyright protection.
If you want to apply for a patent for design, the materials needed to apply for a patent for design are:
1. When applying for a patent for design, you need to prepare photos or pictures of the design, but you should pay attention to the clarity of the photos to avoid the inability to clearly display the design of the product due to focusing and other reasons.
2. The photo background should be single, so as to avoid anything other than the design product. There must be a proper brightness difference between the product and the background to clearly show the appearance design of the product.
3. Photographing should usually follow the rule of orthographic projection to avoid the distortion caused by perspective from affecting the expression of product design.
4. Photos should avoid the expression of product design affected by strong light, reflection, shadow and reflection.
5. Products in photos should usually avoid containing content or background, but when the product design can be clearly displayed by relying on content or background, it is allowed to keep content or background.
Picture copyright protection copyright does not need to apply, and 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, help solve copyright disputes caused by copyright ownership, and provide preliminary evidence for solving copyright disputes, the state has established a voluntary registration system for copyright of works in view of how to apply for copyright protection of pictures. Copyright owners can register copyright of works with China Copyright Protection Center or the copyright administrative departments of provinces (cities, autonomous regions). In China, the principle of automatic acquisition is adopted for how to apply for copyright protection of pictures. Works are produced voluntarily from the date of creation, and 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. Therefore, works without copyright marks are still protected by copyright. How to apply for picture copyright protection?
(1) Pictures belong to works of art in the copyright law and are protected by the copyright law. You can design your own pictures and go to the provincial copyright bureau where your ID card is located to work in copyright registration. Once it is found that others use your work without permission:
(1) If the work is copied, you can file an administrative complaint with the provincial copyright bureau and request administrative protection;
(2) If the work is plagiarized, you can bring a civil lawsuit to the people's court to safeguard the legitimate rights and interests.
(2) downloading copyrighted pictures of others from websites for commercial use without permission will bear civil liabilities such as compensation; Those who harm the public interest shall bear administrative responsibility; If the circumstances are serious, they shall also bear criminal responsibility. How to prove that you enjoy the copyright of a work is the most direct way. In addition, the copyright certificate of a work obtained through copyright registration, or the submission of a manuscript of a work claiming copyright, a certificate issued by a certification body, a contract for obtaining rights, etc., will be presumed to be the copyright owner.
(1) Application fee for software copyright registration, 250 yuan/piece. This fee is limited to the registration of the program and one of its documents. For example, if you apply for multiple certificates, you will receive more 80 yuan for each additional certificate. Abnormal margin handling fee, 320 yuan/piece.
(2) Filing fee for right transfer, assignment or license, 300 yuan/piece; Inheritance: 200 yuan/piece.
(3) Software copyright renewal fee, 550 yuan/piece.
(4) The fees for the Software Copyright Registration Certificate, the Software Rights Transfer Filing Certificate and the Software Copyright Renewal Certificate are each 50 yuan/piece.
(5) Change or supplement the registration fee 150 yuan/piece.
(6) Objection request fee, 150 yuan/piece.
(7) Review request fee, 150 yuan/piece.
(8) The storage fee of the software source program is less than 100 pages 120 yuan, and if it exceeds 100 pages, a 2 yuan will be charged for each additional page.
(9) The processing fee is requested to be postponed for the first time 100 yuan/piece, and for the second time in 200 yuan.
legal ground
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patent law
Article 26
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
patent law
Article 27
To apply for a patent for design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
Copyright law of the people's Republic of China
Article 3 The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:
(1) Written works;
(2) Oral works;
(3) Music, drama, folk art, dance and acrobatic works;
(4) Artistic and architectural works;
(5) Photographic works;
(6) Audio-visual works;
(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) other intellectual achievements that meet the characteristics of the work.
Legal analysis on how to apply for picture copyright: The specific process is as follows: 1. Submit the works that you want to apply for copyright registration to the National Copyright Administration. 2. To enter the copyright registration procedure, the author himself or his agent shall submit relevant application materials to the National Copyright Administration, and fill in the application form for copyright registration and the guarantee letter for copyright registration. If there is no objection after examination, the copyright bureau will register it within one month and issue a work registration certificate.
Legal basis: Article 2 of the Copyright Law of People's Republic of China (PRC), works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law. The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law. Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law. The works of authors and stateless persons from countries that have not signed agreements with China or participated in international treaties shall be first published in the member countries of international treaties to which China is a party, or published in both member countries and non-member countries at the same time, and shall be protected by this Law.