How to prove that the copyright of an image belongs to you
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According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes" According to the regulations, manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification agencies, contracts for obtaining rights, etc. involving copyright provided by the parties can be used as evidence. The natural person, legal person or other organization who signs the work or product is deemed to be the owner of the copyright and copyright-related rights and interests, unless there is proof to the contrary.
In addition, my country's "Regulations on the Implementation of Copyright Law" stipulates that for works of unknown author, the owner of the original work shall exercise copyright other than the right of signature. After the author's identity is determined, the copyright shall be exercised by the author or his heirs.
If more detailed information can be provided, more accurate legal advice can be provided. Several methods recognized by the judiciary to prove the copyright of photographic images
Nowadays, most things have a copyright, just like photos and film and television works have author signatures, etc. If there is no copyright for these things, it cannot be proved that these things were created by me. So how do you prove that the photo is your copyright? Below, in order to help you better understand the relevant legal knowledge, the editor has compiled the following content, I hope it will be helpful to you.
1. How to prove that the photo is your copyright
The negative is the most original, powerful and fundamental evidence. It must be kept well and when published to the outside world, it must be included in the picture. Add your own watermark to identify the photographer. This way, you can prove that the image is your copyright.
1. The person who took the picture should keep the original negative, which can be saved in a computer or a USB flash drive and cannot be lost;
2. Consider uploading the picture to the On the third-party network platform, you can also add your own watermark and the signature of the photographer: or sending time, if there is no earlier time, it can be presumed that the person holding the picture at that time is the copyright owner;
3. You can apply for copyright registration to the copyright administrative department and obtain a "Work Registration Certificate", but Because copyright registration is only a formal examination, the person who obtains the "Work Registration Certificate" may not necessarily be the copyright owner, and needs to be comprehensively judged and determined based on other evidence.
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases"
Article 7 Copyright-related manuscripts, originals, legal publications, and copyright registrations provided by the parties Certificates, certificates issued by certification agencies, contracts for obtaining rights, etc. can be used as evidence.
The natural person, legal person or other organization who signs the work or product shall be regarded as the right holder of the copyright and copyright-related rights and interests, unless there is proof to the contrary.
2. What does copyright mean?
Copyright is also called "authorship". Refers to the rights enjoyed by an author or other persons (including legal persons) to a certain work in accordance with the law. According to the regulations, authors enjoy the following rights: (1) to publish works under their real names, pseudonyms, or without signature; (2) to protect the integrity of works; (3) to modify already published works; (4) to publish works due to changes in opinions or other reasons. Declaration of legitimate reasons to withdraw the published work, but the publishing unit shall be properly compensated for losses; (5) Use the work through legal channels in the form of publication, reproduction, broadcast, performance, exhibition, filming, translation or adaptation; (6) Due to Others receive financial compensation for using the work. If the above rights are infringed, the author or other copyright owners have the right to request a cessation of infringement and compensation for losses.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, negatives are the most original, powerful and fundamental evidence. They must be kept well and when published to the outside world, You should put your own watermark on the picture to identify the photographer. In this case, you can prove that the picture is your own copyright. If you need legal help, readers are welcome to seek legal consultation. 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 resolving 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 (municipalities, autonomous regions). According to relevant laws and regulations, when applying for image 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 application form for copyright registration of works as required; (2) Proof of identity of the applicant; (3) Proof of ownership of rights ;(4) Sample of the work (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 a letter of authorization from the applicant; (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.
Legal basis: Article 2 of the "Copyright Law" stipulates that 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 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.