How to apply for image copyright registration
Applying for image copyright registration has the following process:
1. The image owner or other copyright owner submits registration application materials ;
2. The work registration agency receives the application materials;
3. The registration agency accepts the application and conducts the review;
4. Makes and issues the registration certificate;< /p>
5. Announcement.
Graphic copyright registration is a type of copyright registration. Copyright, that is, copyright, refers to the rights that authors of literary, artistic, and scientific works have over their works (including property rights and personal rights). Copyright is a type of intellectual property that consists of works in the natural sciences, social sciences, and literature, music, drama, painting, sculpture, photography, and film photography.
Registering the copyright after the graphics is a powerful proof of the time of creation of the work. Scope of copyright protection: written works, oral works, music, drama, folk arts, dance, acrobatic works, fine arts, architectural works, photographic works, film works and works created by methods similar to filmmaking, engineering design drawings, product design drawings , maps, schematic diagrams and other graphic works and model works, computer software, and other works stipulated in laws and administrative regulations. Graphic logos and graphic trademarks are artistic works covered by copyright. If the copyright of the graphics is not registered, it is easy for others to register it as a trademark or become the corporate logo of others. If infringement is found, there will be no strong proof of the time when the graphics were created. If the copyright of the graphics is registered and infringement is found, a strong fight can be carried out.
Legal Basis
"Trial Measures for Voluntary Registration of Works"
Article 4: Applicants for work registration shall be the author, other citizens, legal persons or persons who enjoy copyright Unincorporated entities and proprietors and their agents.
Article 8: When applying for registration of a work, the author or other copyright holder should present proof of identity or provide proof of ownership of the rights to the work (such as: copies of the cover and copyright page, copies and photos of part of the manuscript, samples, etc.), fill in the work registration form, and pay the registration fee. Other copyright owners who apply for work registration should also present proof of the identity of the copyright owner (for example, an heir should present proof of heir identity; the client who entrusts a work should present an entrustment contract). The owner of exclusive rights should produce a contract evidencing his or her exclusive rights.
Article 9: After the registered work has been verified by the works registration authority, the works registration authority will issue a work registration certificate. The work registration certificate shall be produced by the registration authority according to the sample attached to these Measures. The verification period of the registration authority is one month, which is calculated from the date when the registration authority receives all application materials submitted by the applicant. How to apply for image copyright
1. Submit the work you want to apply for copyright registration to the National Copyright Administration. 2. Enter the copyright registration procedure. The author or his agent shall submit the relevant application materials to the National Copyright Administration, and fill in the copyright registration application form and copyright registration guarantee. If there are no objections after passing the review, the Copyright Administration will notify you within one month. Registration will be done within and a work registration certificate will be issued.
Article 2 of the "Copyright Law" The works of 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 not signed an international treaty with China are published for the first time in a member country of an international treaty that China is a party to, or if they are published simultaneously in a member country and a non-member country, they shall be subject to this Article. legal protection. How to patent original pictures
Pictures cannot actually be patented. Patent protection in my country is based on the premise that they can be used in industrial production. Pictures alone cannot be patented. If you want to apply for a patent, you can apply for a design patent with a picture-designed package and 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 design patent application are:
1. The design patent application requires photos or pictures of the design, but It should be noted that the photo should be clear to avoid the appearance design of the product not being clearly displayed due to focus and other reasons.
2. The photo background should be single and avoid content other than the design product. There should be an appropriate brightness difference between the product and the background to clearly show the appearance design of the product.
3. Photos should usually be taken according to the rules of orthographic projection to avoid distortion caused by perspective that affects the expression of the product's appearance design.
4. Photos should avoid strong light, reflection, shadow, reflection, etc. that affect the expression of the product's appearance design.
5. The products in the photos should generally avoid containing interior contents or foils. However, when the appearance design of the product must be clearly displayed by relying on interior contents or foils, the interior contents or foils are allowed to be retained. .
No application for copyright protection is required for image copyright protection. It is automatically protected by copyright law from the date of creation. However, in order to protect 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 resolving copyright disputes, the country has established a voluntary work copyright protection system on how to apply for image copyright protection. 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 (municipalities, autonomous regions). Our country adopts the principle of automatic acquisition on how to apply for image copyright protection. Works are created voluntarily from the date of completion of creation. Registration of works is not a necessary procedure for copyright acquisition. Registration of works is voluntary. Regardless of whether the work is registered or not, the copyright obtained by the author or other copyright holders in accordance with the law will not be affected. Therefore, works without copyright markings are still protected by copyright. How to apply for picture copyright protection?
(1) Pictures are works of art under copyright law and are subject to copyright law protection. Pictures you design can be registered for copyright at the provincial copyright bureau in the jurisdiction where your ID card is located. Once you discover that others have used your work without permission:
(1) If the work has been copied, you can file an administrative complaint with the Provincial Copyright Bureau and request administrative protection;
(2) If the work has been copied If you are plagiarized, you can file a civil lawsuit in the People's Court to safeguard your legal rights.
(2) If you download other people’s copyrighted pictures from the website for commercial use without permission, you will be subject to civil liability such as compensation; if you harm the interests of the public, you will be subject to administrative liability; if the circumstances are serious, , and also bear criminal responsibility. How to prove ownership of the copyright of a work is the most direct way to sign the work. In addition, obtain a "Copyright Certificate for Works" through copyright registration or submit the manuscript of the work for which the copyright is claimed, a certificate issued by a certification agency, a contract for obtaining rights, etc. If it is verified to be true, it is presumed that he is the copyright owner.
(1) Software copyright registration application fee, 250 yuan/time. This fee is only limited to the registration of a program and one document. If you apply to register multiple documents, an additional 80 yuan will be charged for each additional document. The handling fee for applying for an exception is RMB 320 per case.
(2) Registration fee for transfer of rights, transfer or license, 300 yuan/case; inheritance: 200 yuan/case.
(3) Software copyright renewal fee, 550 yuan/piece.
(4) The fee for software copyright registration certificate, software rights transfer registration certificate and software copyright renewal certificate is 50 yuan each.
(5) Change or supplementary registration fee, 150 yuan/time.
(6) Objection request fee, 150 yuan/case.
(7) Review request fee, 150 yuan/case.
(8) The software source program storage and storage fee is 120 yuan within 100 pages. For more than 100 pages, an additional 2 yuan will be charged for each additional page.
(9) The processing fee for requesting an extension is 100 yuan/case for the first time and 200 yuan/case for the second time.
Legal basis
:
"Patent Law"
Article 26
Applying for an invention or For utility model patents, documents such as a request, description and abstract, and claims must be submitted. The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and clearly and briefly define the scope of patent protection requested. For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons.
"Patent Law"
Article 27
When applying for a design patent, a request, pictures or photos of the design and relevant documents shall be submitted. A brief description of the design and other documents.
"Copyright Law of the People's Republic of China"
Article 3. The works referred to in this law refer to original and capable works in the fields of literature, art and science. Intellectual achievements expressed in certain forms include:
(1) Written works;
(2) Oral works;
(3) Music, drama, Works of folk art, dance, and acrobatics;
(4) Fine arts and architectural works;
(5) Photographic works;
(6) Audio-visual works;< /p>
(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) Other intellectual achievements consistent with the characteristics of the work.