The copyright of a picture does not need to be applied, but is automatically protected by the 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 (note that it is voluntary registration), and copyright owners can register copyright of works with China Copyright Protection Center or copyright administrative departments of provinces (cities, autonomous regions). According to the provisions of relevant laws, those who apply for the copyright registration of pictures need to pay the registration fee for each piece of 3 yuan if it is a photographic work, and 1 yuan if it is a series of works. The applicant submits the registration application materials-the registration agency checks the receiving materials-notifies the payment-the applicant pays the registration fee-the registration agency accepts the application-examines-makes and issues the registration certificate-and makes an announcement.
material requirements: materials and requirements that should be submitted when applying for copyright registration of works: (1) Fill in a complete application form for copyright registration of works as required; (2) the identity certificate of the applicant; (3) proof of ownership of rights; (4) samples of works (samples of works in paper or electronic media can be submitted); (5) Description of the work (please write it from three aspects: creative intention, creative process and originality, and sign it by the author); (6) When entrusting others to apply for it, the agent shall submit the power of attorney of the applicant; (7) the identity certificate of the agent.
: how to check whether a picture is infringing? The infringement of pictures generally involves the copyright of pictures, the graphic registration of trademarks and the application for appearance patents. To see whether a picture is infringing depends on whether the copyright of its graphics is registered. The copyright is automatically generated at the beginning of the design, and it is not announced to the public. It is difficult to find out. Even if the original author does not register the copyright, it is difficult to prove the source. From another angle, you can imagine it yourself. However, trademarks are announced to the public, which can be found. As far as trademarks are concerned, it is easy to judge whether they infringe the rights of others. As for the inquiry of appearance patent, only the patent number can be found.
legal basis: article 2 of the copyright law stipulates that 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 according to the agreement signed between the country to which the author belongs or the country where he has his 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 that are 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 an agreement with China or participated in international treaties are first published in member countries of international treaties to which China is a party, or published in member countries and non-member countries at the same time, which are protected by this law. How to apply for a patent for an original picture
In fact, pictures cannot be patented. The patent protection in China is based on the fact that they can be used in industrial production, but only 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 a carrier, otherwise you can only apply for copyright protection.
If you want to apply for a design patent, the materials required for the application for a design patent are as follows:
1. You need to prepare photos or pictures of the design for the application for a design patent, but you should pay attention to the fact that the photos should be clear, so as to avoid that the design of the product cannot be clearly displayed due to focusing and other reasons.
2. The background of the photo should be single, so as to avoid other contents besides the design product. There should be a proper brightness difference between the product and the background to clearly show the appearance design of the product.
3. The shooting of photos should usually follow the orthographic projection rule, so as to avoid the distortion caused by perspective from affecting the expression of product design.
4. Photos should avoid the expression of product design influenced by strong light, reflection, shadow and reflection.
5. The product in the photo should usually avoid containing the contents or the background, but it is allowed to keep the contents or the background when the appearance design of the product can be clearly displayed by relying on the contents or the background.
The copyright protection of pictures does not need to be applied, but 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 country has established a voluntary registration system for copyright of works in view of how to apply for copyright protection of pictures, and the copyright owner can register the 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 on how to apply for copyright protection of pictures. The works are produced voluntarily from the date of creation, and the registration of works is not a necessary procedure for copyright acquisition. Work shall be registered voluntarily. Whether the work is registered or not, the copyright obtained by the author or other copyright owners according to law shall not be affected. Therefore, works without copyright logo are still protected by copyright. How to apply for picture copyright protection?
(1) Pictures belong to works of art in the copyright law and shall be 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 legal rights.
(2) downloading the copyrighted pictures of others from the website without permission for commercial use will bear civil liabilities such as compensation; Damage to the interests of the public, to 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, if you obtain the Copyright Certificate of a Work through copyright registration, or submit the manuscript of the work claiming copyright, the certificate issued by a certification body, and the contract for obtaining rights, you will be presumed to be the copyright owner.
(1) Application fee for software copyright registration, 25 yuan/piece. This fee is limited to the registration of the program and one of its documents. For example, if you apply for registration of multiple documents, you will receive an additional 8 yuan for each additional document. Handling fee for exception deposit, 32 yuan/piece.
(2) filing fee for rights transfer, transfer or license, 3 yuan/piece; Inheritance: 2 yuan/piece.
(3) software copyright renewal fee, 55 yuan/piece.
(4) The fees for the software copyright registration certificate, the software rights transfer filing certificate and the software copyright renewal certificate are 5 yuan/piece.
(5) change or supplement registration fee, 15 yuan/piece.
(6) objection request fee, 15 yuan/piece.
(7) Review request fee, 15 yuan per case.
(8) The storage fee for the software source program shall be 12 yuan within 1 pages, and 2 yuan shall be added for each additional page if it exceeds 1 pages.
(9) Request for deferred processing fee, the first time in 1 yuan/case, and the second time in 2 yuan/case.
Legal basis
:
Article 26 of the Patent Law
To apply for a patent for invention or utility model, documents such as the request, specification, abstract and patent right 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; When necessary, there should be attached drawings. The technical points of the invention or utility model should be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For an invention-creation that relies on genetic resources, the applicant shall state the direct source and original source of the genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall state the reasons.
article 27 of the patent law
to apply for a patent for a design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
Article 3 of the Copyright Law of the People's Republic of China
Works mentioned in this Law refer 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) works of music, drama, folk art, dance and acrobatics;
(4) works of art and architecture;
(5) photographic works;
(6) audio-visual works;
(7) graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams;
(8) computer software;
(9) other intellectual achievements that meet the characteristics of the work. How to apply for picture copyright
1. Submit the works that you want to apply for copyright registration to the National Copyright Administration. 2. To enter the copyright registration program, the author himself or his agent will submit the relevant application materials to the National Copyright Administration, and fill in the copyright registration application form and the copyright registration guarantee. If there is no objection after passing the examination, the Copyright Administration will register and issue the work registration certificate within one month.