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 the resolution of copyright disputes, the country has established a voluntary registration of 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 (cities, autonomous regions). According to relevant laws and regulations, when applying for picture 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 the application form for copyright registration of works as required; (2) Proof of identity 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 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 the applicant's
authorization letter
; (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
Patent number
Legal basis:
"Copyright Law"
Article 2 , 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 in 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 state and a non-member state, they shall be subject to this provision. legal protection. How to apply for intellectual property rights of pictures
First, according to the relevant provisions of my country's Copyright Law, pictures and photos have the same rights as authors and text authors, that is, copyright, so pictures can apply for intellectual property rights. Second, intellectual property rights include patents, trademarks, and copyrights. You should specifically analyze which type of intellectual property rights you need to apply for. If you apply for a picture patent, you can apply to the Patent Office; if you apply for a trademark, you can apply to the Trademark Office; if you apply for a copyright, you can apply for registration with the copyright agency.
"Copyright Law of the People's Republic of China" Article 2 "Copyright Law of the People's Republic of China" Article 4 "Trademark Law of the People's Republic of China" Article 4 "Copyright Law of the People's Republic of China" How to apply for copyright protection for pictures in Article 3 of the Patent Law
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 description of the work (instructions Creative conception, 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. Application for commissioned works 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), a copy of the entrustment An original and a copy of the creative 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 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 cooperative creation contract or agreement;
5. When applying for registration of professional works, the identity of the author should be submitted A copy of the certificate, a copy of the business license or legal person code certificate of the copyright owner or exclusive use right holder, a copy of the legal representative’s ID card, the original and copy of the employment contract and copyright ownership certificate;
6. When applying for registration of fine arts or photographic works, in addition to submitting relevant materials according to the above circumstances, the applicant must also submit photos of the works.
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.