How to apply for copyright for your paintings
When applying for copyright of a painting, you need to submit the following materials:
1. Fill in the work registration
Application form
, one copy of the work registration form, and one copy of the rights guarantee letter. Submit the original and copy of the work, and one copy of the work description (explaining the creative concept, main features and content of the work, etc.);
2. Proof of identity of the applicant;
3. If applying for registration of a collaborative work, a copy of the ID card of the co-author should also be submitted (if the co-author is from an organization, a business license or legal person code certificate should be submitted A copy of the ID card of the legal representative (
of the legal representative
), an original and a copy of the cooperative creation contract or agreement;
4. When applying for registration of a commissioned work, the copyright owner should also submit a copy of the ID card of the copyright owner and creator (if the copyright owner or creator is an organization, 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;
5. When applying for registration of a work of employment, a copy of the author’s ID card and the copyright holder’s or exclusive use right holder’s identity card should be submitted. A copy of the business license or legal person code certificate, a copy of the legal representative’s ID card,
employment contract
and the original and copy of the copyright ownership certificate;
2 , the process of copyright registration of art works
1. Sign a contract with Xiaodun Intellectual Property Company and reach cooperation
2. The customer provides the art work, creative intention and technical explanation of Xiaodun Company
3. Xiaodun submits all copyright registration documents to the Copyright Office
4. An acceptance notice will be issued in about a week
5. 30 days after application The certificate will be issued in about working days
6. Send the certificate to the customer
After the creation of the art work is completed, if it is determined that it meets the conditions for copyright registration, you can bring relevant materials with you , go directly to the relevant intellectual property department and make a request for copyright registration. Generally, as long as the submitted materials are complete, the application will be accepted. Once the copyright of an art work is successfully registered, others will need to pay a certain fee to use it.
Legal basis: Article 3 of the "
People's Republic of China and Civil Code
"
Civil subjects
's personal rights, property rights and other legitimate rights and interests are protected by law and may not be infringed upon by any organization or individual. Can I apply for copyright protection if I have a painting of my own? How to apply?
The person concerned has a painting that can apply for copyright protection. The application process for painting and calligraphy copyright is as follows:
1. Applicant for painting and calligraphy copyright Bring your ID card, copyright ownership certificate, etc. to the registration agency to fill in the work registration form;
2. The registration agency will accept the application if it meets the requirements in accordance with the law;
3. Registration agency Conduct review;
4. Make and issue registration certificate.
Applicants for work registration shall be the author, other citizens, legal persons or unincorporated entities that enjoy copyright, and the owners of exclusive rights and their agents. Authors or other copyright holders who apply for work registration should present proof of identity or provide proof indicating the ownership of the rights to the work, fill in the work registration form, and pay the registration fee. Other copyright owners who apply for work registration must also present proof indicating the identity of the copyright owner. The owner of exclusive rights should produce a contract evidencing his or her exclusive rights.
In case of infringement of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual losses suffered by the right holder or the illegal gains of the infringer; the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate , compensation can be provided with reference to the royalties. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be awarded in the amount of not less than one time but not more than five times the amount determined in accordance with relevant regulations.
Article 2 of the "Copyright Law of the People's Republic of China" The works of Chinese citizens, legal persons or unincorporated organizations, whether published or not, enjoy copyright in accordance with this law.
The copyrights enjoyed by the works of foreigners and stateless persons based on the agreement signed between the country of origin or habitual residence of the author and China or the international treaty to which China is a party 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.
The works of authors and stateless persons from countries that have not signed an agreement with China or are party to international treaties are published for the first time in a member state of an international treaty that China is a party to, or in member states and non-members. Any work published simultaneously in the country shall be protected by this Law. 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 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 (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 per 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 state of an international treaty that China is a party to, or if they are published simultaneously in member states and non-member states, they shall be subject to this provision. legal protection.