How to apply for copyright protection for pictures
Legal analysis: 1. Fill in a work registration application form, a work registration form, and a rights guarantee letter, and submit the original and copy of the work, and the work description ( Description of the creative concept, main features and content of the work, etc.);
2. If an individual author applies for registration, he should also submit a copy of his ID card;
3. Commissioned works When applying for registration, the copyright owner should also submit copies of the ID cards of the copyright owner and creator (if the copyright owner or creator is an entity, a copy of the business license or legal person code certificate, and a copy of the legal representative's ID card should be submitted), An original and a copy of the commissioned creation contract or agreement;
4. If applying for registration of a collaborative work, a copy of the co-author’s ID card should also be submitted (if the co-author is from an organization, a business license should be submitted or a copy of the legal person’s code certificate, a copy of the legal representative’s ID card), an original and a copy of the collaborative creation contract or agreement;
5. When applying for registration of a work-for-hire work, the author’s Copy of ID card, copy of the business license or legal person code certificate of the copyright holder or exclusive use right holder, copy of the legal representative’s ID card, original and copy of the employment contract and copyright ownership certificate;
6 When applying for registration of works of art or photography, in addition to submitting relevant materials according to the above circumstances, the applicant must also submit photos of the work.
Legal basis: Article 12 of the "Copyright Law of the People's Republic of China" The natural person, legal person or unincorporated organization signed on the work is the author, and the corresponding rights exist in the work, but there are Except where the contrary is proved. Authors and other copyright holders may register their works with registration agencies recognized by the national copyright authorities. Rights related to copyright shall be subject to the provisions of the preceding two paragraphs. How to apply for image copyright registration
Applying for image copyright registration has the following process:
1. The image owner or other copyright owner submits registration application materials;
2. The work registration agency receives the application materials;
3. The registration agency accepts the application and conducts the review;
4. Makes and issues the registration certificate;
5. ,announcement.
Graphic copyright registration is a type of copyright registration. Copyright, that is, copyright, refers to the rights that authors of literary, artistic, and scientific works have over their works (including property rights and personal rights). Copyright is a type of intellectual property that consists of works in the natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and film photography.
Copyright registration after the graphics is a powerful proof of the time of creation of the work. Scope of copyright protection: written works, oral works, music, drama, folk arts, dance, acrobatic works, fine arts, architectural works, photographic works, film works and works created by methods similar to filmmaking, engineering design drawings, product design drawings , maps, schematic diagrams and other graphic works and model works, computer software, and other works stipulated in laws and administrative regulations. Graphic logos and graphic trademarks are artistic works covered by copyright. If the copyright of the graphics is not registered, it is easy for others to register it as a trademark or become the corporate logo of others. If infringement is found, there will be no strong proof of the time when the graphics were created. If you register the copyright of the graphics and find any infringement, you can effectively fight against it.
Legal Basis
"Trial Measures for Voluntary Registration of Works"
Article 4: Applicants for work registration shall be the author, other citizens, legal persons or persons who enjoy copyright Unincorporated entities and proprietors and their agents.
Article 8: When applying for registration of a work, the author or other copyright holder should present proof of identity or provide proof of ownership of the rights to the work (such as: copies of the cover and copyright page, copies and photos of part of the manuscript, samples, etc.), fill in the work registration form, and pay the registration fee. Other copyright owners who apply for work registration should also present proof of the identity of the copyright owner (for example, an heir should present proof of heir identity; the client who entrusts a work should present an entrustment contract). The owner of exclusive rights should produce a contract evidencing his or her exclusive rights.
Article 9: After the registered work has been verified by the works registration authority, the works registration authority will issue a work registration certificate. The work registration certificate shall be produced by the registration authority according to the sample attached to these Measures.
The verification period of the registration authority is one month, which is calculated from the date when the registration authority receives all application materials submitted by the applicant. How to apply for copyright of pictures
No application is required for picture copyright. 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 resolving copyright disputes, the country has established a voluntary registration for copyright of works (note, it is voluntary 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). According to relevant laws and regulations, when applying for image copyright registration, if it is a photographic work, you need to pay a registration fee of 300 yuan for each piece. If it is a series of works, the registration fee will be 100 yuan for the second piece. The applicant submits registration application materials - the registration agency verifies the received materials - notifies payment - the applicant pays the registration fee - the registration agency accepts the application - review - produces and issues a registration certificate - announcement.
Material requirements: Materials and requirements that should be submitted when applying for copyright registration of works: (1) Complete application form for copyright registration of works as required; (2) Proof of identity of the applicant; (3) Proof of ownership of rights ;(4) Sample of the work (samples of works in paper or electronic media can be submitted); (5) Description of the work (please write from three aspects: creative intention, creative process, and originality, and signed by the author); (6) Entrust another person to do it on your behalf When applying, the agent should submit a letter of authorization from the applicant; (7) Proof of identity of the agent.
: How to check whether a picture is infringing? Picture infringement generally involves the copyright of the picture, the graphic registration of the trademark, and the application for a design patent. To check whether a picture is infringing, you need to check whether the copyright of the graphic itself has been registered. Copyright is automatically generated at the beginning of the design and is not announced to the public. It is difficult to check. Even if the original author does not register the copyright, it is difficult to prove the source. From another perspective, you can imagine it yourself. But trademarks are announced to the public, and this can be checked. As far as trademarks are concerned, it is easy to judge whether they infringe on the rights of others. As for the search for appearance patents, only the patent number can be found.
Legal basis: Article 2 of the "Copyright Law" stipulates that works by Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with this law. The copyrights enjoyed by foreigners and stateless persons in their works based on the agreement signed between the country of origin or habitual residence of the author and China or international treaties to which both countries are parties shall be protected by this law. If the works of foreigners or stateless persons are first published within the territory of China, they shall enjoy copyright in accordance with this Law. If the works of authors and stateless persons from countries that have not signed an agreement with China or have joined international treaties are published for the first time in a member country of an international treaty to which China is a party, or if they are published simultaneously in a member country and a non-member country, they shall be subject to this Article. legal protection.