First, how to check whether the picture is copyrighted?
Check whether a picture is copyrighted through the IP website. The principles for judging copyright infringement are as follows:
In judicial practice, the common principles for determining copyright infringement are:
1, dichotomy of thought and expression
Exclude the creativity of a work from the scope of protection of copyright law. This is the basic requirement of the principle of copyright law. Article 9, paragraph 2, of the Berne Convention clearly stipulates that copyright protection extends to expression, but does not include ideas, processes, operating methods or digital concepts themselves. 1998 China copyright bureau 10/8, the draft amendment to the copyright law (hereinafter referred to as the draft) has also been added to article 5. The copyright law protects expression, but does not protect ideas, concepts, discoveries, principles, methods, forms and processes.
Thought and expression can be clearly distinguished in general works, but in computer software works, the boundaries are not clear.
In addition, even if it belongs to the expression of ideas, it belongs to the public domain, and if it is a unique expression, it is not protected.
2. The principle of connection and similarity
After the separation of thought and expression, public domain and private domain, if two works are the same or similar, we can judge whether it constitutes plagiarism by whether the authors of the two works are connected or whether the works are connected.
If the works of the obligee and the defendant are the same or similar, and the defendant cannot provide the creation process to prove that it was independently created without imitation, the infringement is established. It can be seen that the burden of proof here is reversed, that is, the author of the accused work proves that he has not touched the plaintiff's work, otherwise he can be presumed to have contacted it.
When judging whether two works are the same or similar, there is a so-called substantive part, that is, the accused works imitate the substantive part of the obligee's works. However, there are still different opinions on what is the essential part of a work and how to judge it. This needs to be further explored in judicial practice.
Second, what are the constitutive elements of copyright infringement?
From the constitutive requirements of tort, it should be analyzed from two aspects: "fault" and "no fault" When applying the principle of presumption of fault, its constitution must have four elements of illegality: (infringement), damage fact, causality and fault. As far as the tort based on the principle of no-fault liability is concerned, fault is no longer a constituent element of this kind of tort because whether people are at fault or not is not considered.
1, illegal. The act that causes factual damage must be illegal, and the actor shall be liable for compensation. Otherwise, even if there are damage facts, the actor cannot be held liable for compensation. No matter whether the activities carried out by the actor infringe the interests of the copyright owner, no matter whether the activities carried out by the actor pose a major threat to the interests of the copyright owner, they will inevitably harm the interests of the copyright owner in the future, which constitutes an act of copyright infringement.
2. Damage the facts. Usually refers to the behavior carried out by the infringer that objectively brings harm to the injured party. If the infringer's behavior causes damage to the copyright owner, and there is no clear reason for responsibility, the infringer shall bear legal responsibility. However, if the infringer commits an infringement and does not cause actual damage to the copyright owner, should he bear the tort liability? If someone illegally copies a large number of his works without the permission of the copyright owner, but does not branch them, is this an act of copyright infringement? Another example is that a publisher publishes without the permission of the author, but pays the author. These are all acts of infringement, because they have neither the permission of the author nor the permission of the law. The infringer exercises the rights that should have been controlled by the copyright owner, or hinders the exercise of the copyright owner's rights.
Our country can only protect original works, and the protection here is mainly copyright protection. If it is a simple picture constructed by yourself and has its own unique ideas, then you can apply for copyright protection and enjoy the corresponding copyright.
How to check the copyright of pictures? Here are several ways to find the copyright of pictures:
Use professional copyright library: professional copyright library can provide high-quality copyright pictures, including paid and free options. Among them, the well-known paid copyright libraries are GettyImages and Shutterstock. , as well as free copyright libraries including Unsplash, Pexels, Pixabay, etc. Using these copyright libraries, you can find high-quality copyright pictures conveniently and quickly.
Use a picture search engine: A picture search engine can search for similar or identical pictures through their characteristics, including paid and free options. Among them, the well-known paid image search engines are TinEye and Google Image Search, and the free image search engines are Baidu Image Search and Google Image Search. Using these search engines, we can find similar pictures, and then compare the original pictures with copyright information to determine the copyright situation.
Contact the author directly: If the found picture has no copyright information or the copyright information is unclear, you can try to contact the author or the copyright party directly to understand the copyright of the picture. Some authors or copyright owners will leave contact information or provide copyright information on pictures for the convenience of those in need.
It should be noted that unauthorized pictures should not be used under any circumstances, so as not to infringe the copyright of others and cause legal disputes. If enterprises need to use other people's pictures, it is recommended to use them under the premise of obtaining copyright authorization or using free copyright pictures.
How to inquire about copyright registration? Question 1: How can I check whether the copyright is registered in China Copyright Protection Center? ccopylight/cpcc/query?
Question 2: How to check whether the copyright is registered successfully? Hello, if the software copyright registration is successful, you can directly inquire in official website and China Copyright Protection Center. If it is the copyright of the work, it depends on where you submit the application, because you can submit the application in all provincial intellectual property offices. If it is submitted to the state, it can be inquired in official website and China Copyright Protection Center, and others can be consulted with local intellectual property offices.
Patent application, trademark registration, copyright registration, intellectual property infringement litigation, you can also ask us:
Question 3: Where can I find the software copyright ccopyright/ ...
Just click in.
Or you can log on to the registration website of the Copyright Bureau yourself and enter the name or copyright owner you want to check in the published place.
Hope to adopt!
Question 4: How to check the copyright registration number? Hello, you can try it in official website, China Copyright Protection Center.
Patent application, trademark registration, copyright registration, intellectual property infringement litigation, you can also ask us:
Question 5: How to inquire about the status of software copyright? If you want to inquire about the software copyright, you can go to the copyright center and ask an agent to help you.
Software copyright query refers to querying files or topics in the software copyright database registered in China Copyright Protection Center. There are two ways to query software copyright:
First, make an inquiry request to China Copyright Protection Center, and obtain the inquiry result at the cost price;
Second, log on to the website of China Copyright Protection Center for enquiries.
The third is to find the agent "Bajie Intellectual Property" to help you inquire.
Question 6: How to find out how to get the copyright of a picture in copyright registration? There are two ways: automatic collection and registration collection. In China, according to the copyright law, works automatically enjoy copyright after completion. The so-called completion is relative, as long as the object of creation has met the statutory conditions for the composition of the work, it can be protected by copyright law as a work. Theoretically, according to different properties, copyright can be divided into copyright and neighboring rights. Simply put, copyright is aimed at people who create related spiritual products, while the concept of neighboring rights is aimed at participants in related industries who perform or help spread the carrier of works, such as performers, producers of audio-visual products, radio and television stations, publishing houses and so on.
Copyright does not need to be applied, 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 (note that it is voluntary registration), and copyright owners can register copyright of works with China Copyright Protection Center or the copyright administrative departments of provinces (cities, autonomous regions).
Question 7: How to check the authenticity of the obtained copyright certificate online? Ccopyright/cpcc/ China Copyright Protection Center can check it.
Question 8: There are two ways to check the copyright number of China edition. One is that you registered online and didn't submit the results, so you can log in to your account to check.
If the copyright number has been issued, you can check it directly on the website of China Copyright Center.
copyright
Question 9: Where is the copyright? The works protected by copyright mainly include the following categories:
1. Written works: novels, essays, essays, poems, plays, academic papers, works, periodicals, teaching materials and letters. Diaries, newspapers, advertising words. Not all works in the form of written works are written works, such as calligraphy works, but a kind of artistic works.
2. Oral works: impromptu speeches, lectures, court debates and other works expressed in oral and linguistic forms.
3. Musical works: songs, symphonies and other works with or without words that can be sung or played.
4. Dramatic works: scripts, operas, local operas and other works created for stage performances. Drama script, drama script, opera script, ballet script)
5. Quyi works: cross talk, string playing, storytelling, jokes, Allegro, Shandong Allegro, Jingyun Drum, JD.COM Drum, Xihe Drum, Henan pendant and other forms of rap scripts.
6. Dance works: The design of dance movements and the arrangement of procedures can be recorded in words or other specific ways. For example, dance works are expressed in the form of dance scores. Such as "positioning dance scoring method"
7. Acrobatic art works: scripts created for performances such as car skills, ventriloquism, top bowl, tightrope walking, lion dance and magic.
8. Works of art: refers to artistic works of plane or three-dimensional modeling, such as painting, calligraphy and sculpture, which are composed of lines, colors or other means and have aesthetic significance. Pure works of art: sketches, oil paintings, Chinese paintings, prints, watercolors, corporate logos, trademark graphics. Practical works of art: ceramic art
9. Architectural works: design drawings of buildings or paintings and photos with buildings as the core.
10. Photographic works: pictures that objectively record the image of an object.
1 1. Film works and works created by methods similar to film production: film works (sound and silence), TV works, video works, etc.
12. Graphic works: engineering design drawings, product design drawings, maps, circuit diagrams and anatomical drawings.
13. model works: three-dimensional works made in a certain proportion, such as miniature landscapes.
14. Computer software: computer programs and related documents. Computer programs include: source programs and target programs. The source text and the target text of the same program should be regarded as the same work. Documents: program design instructions, flow charts, user manuals, etc.
15. Folk writing works: fairy tales, folk fables, folklore, folk operas, folk songs, folk songs, folk music, folk dances, folk plastic arts and folk architectural arts.
Duration of protection
1. The term of protection of the author's personal rights, such as the right of authorship, the right of revision and the right to protect the integrity of the work, is unlimited.
2. For citizens' works, the copyright law stipulates that the protection period of publishing right and 14 property right is 50 years before the author's death and ends at 65438+February 3/day in the fiftieth year after the author's death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author.
3. For works of legal persons or other organizations, and works whose copyright (except the right of signature) is enjoyed by legal persons or other organizations, the protection period of publishing right and 14 property right stipulated in the Copyright Law is 50 years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works. However, if the work is not published within 50 years after the creation is completed, this law will no longer protect it.
4. For cinematographic works and works created by methods similar to cinematographic and photographic works, the protection period of publishing right and 14 property right stipulated in the Copyright Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works. However, if the work is not published within 50 years after the creation is completed, the copyright law will no longer be protected.
procedure
Submit works DD copyright power of attorney DD submit (copy of business license and ID card) DD pay DD accept DD audit DD certificate (30 working days).
Required materials
The documents to be submitted when applying for the registration of a work include: identity certificate and certificate indicating the ownership of the right of the work (such as copies of the cover and copyright page, copies of some manuscripts, photos and samples, etc.). ).
Other copyright owners should also produce certificates indicating the identity of the copyright owner (for example, the heir should produce the identity certificate of the heir; The client of commissioned works shall present the entrustment contract).
The owner of the exclusive right shall show the contract in which he enjoys the exclusive right. It includes the following contents: 1. Work registration form (in duplicate) 2. Apply for job registration. Power of attorney for copyright. Rights protection. Description of works creation 6. Corporate work: 1. Copy of business license ... >>
Question 10: How to query the computer software copyright registration certificate? Banquan /do/
Query address