Article 6 of China's "Regulations on the Implementation of Copyright Law" stipulates: "Copyright comes into being from the date when the work is created". Therefore, in China, the copyright is automatically obtained, and the date when the work is created is the date when the copyright is obtained. For example, designer A completed a work on June 5438+ 10/2008, so according to the law, designer A has the copyright of the work since June 5438+1 0/2008. But who will prove that you designed this work? Who will prove that June 2008 65438+ 10/was designed by you? The longer you create, the harder it is to prove your rights.
The function of filing works is to objectively record the completion time, author and content of works. If you don't put it on record, it will be difficult to prove that you are the real author. A large number of cases show that infringers often do not admit their infringement and forge evidence to say that they are the author. Because it is difficult to distinguish between true and false, many designers cannot protect their legitimate rights and interests because their works are not filed.
Can a painting be patented? The painting itself is a work of art, and it cannot be patented, but it can be protected by copyright registration.
On the other hand, if the painting works are combined with specific products (such as wallpaper, carpet, etc. ), you can apply.
design patent
How to subjectivize one's own paintings in the copyright law;
The way of copyright registration of painting works: generally, the applicant submits the application form, applicant's identity certificate, original drawings, manuscripts and other materials to apply for registration. After a month's examination, the registration agency will issue a work registration certificate if it finds that the situation is true.
Legal objectivity:
Trial Measures for Voluntary Registration of Works Article 4 Applicants for registration of works are authors, other citizens, legal persons or unincorporated units, exclusive owners and their agents. "Trial Measures for Voluntary Registration of Works" Article 8 When applying for registration of works, authors or other copyright owners shall show their identity certificates or provide certificates indicating the ownership of works (such as copies of cover and copyright pages, copies of some manuscripts, photos and samples, etc. ), fill in the work registration form and pay the registration fee. Other copyright owners who apply for the registration of their works shall also produce certificates indicating the identity of the copyright owner (for example, the heir shall produce the identity certificate of the heir; The client of commissioned works shall present the entrustment contract). The owner of the exclusive right shall produce the contract to prove that he enjoys the exclusive right. "Trial Measures for Voluntary Registration of Works" Article 9 After the registered works are verified by the work registration agency, the work registration agency will issue the work registration certificate. The work registration certificate shall be made by the registration authority according to the samples attached to these Measures. The verification period of the registration authority is one month, counting from the date when the registration authority receives all the application materials submitted by the applicant.