Can pictures be protected and how?
Yes. The specific method for applying for image protection is as follows: Submit the work you want to apply for copyright registration to the National Copyright Administration. To enter the copyright registration process, 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 process it within one month. Register and issue a work registration certificate.
1. What is copyright
Copyright: refers to the general term for the property rights and moral rights enjoyed by natural persons, legal persons or other organizations in literary, artistic and scientific works. In our country, copyright refers to copyright. Copyright in a broad sense also includes neighboring rights, which are called "rights related to copyright" in my country's Copyright Law.
2. What is the broadcasting organization right?
The broadcasting organization right refers to the exclusive rights that broadcasting organizations enjoy in accordance with the law in the radio and television programs they produce. The rights of broadcasting organizations include: broadcasting organizations can prohibit unauthorized persons from rebroadcasting radio and television broadcasts by cable or wireless means;
(ii) broadcasting them Recording and copying of radio and television broadcasts;
(3) Disseminating the radio and television broadcasts to the public through information networks.
The protection period of this right is fifty years, ending on December 31, the fiftieth year after the first broadcast of the radio or television.
Legal Basis
"Copyright Law of the People's Republic of China"
Article 49 In order to protect copyright and copyright-related rights, rights People can take technical measures.
Without the permission of the right holder, no organization or individual may deliberately avoid or destroy technical measures, and shall not manufacture, import, or provide relevant devices or components to the public for the purpose of avoiding or destroying technical measures. No organization or individual may intentionally avoid or destroy technical measures. Provide technical services for others to circumvent or destroy technical measures. However, circumstances that can be avoided according to laws and administrative regulations are excluded.
The technical measures referred to in this Law refer to the measures used to prevent and restrict browsing and appreciating works, performances, audio and video products without the permission of the right holder, or providing works, performances, audio and video products to the public through information networks Effective technology, devices or components for products. How to patent original pictures
Pictures cannot actually be patented. my country’s patent protection is based on the premise that it 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 is important to note that the photo should be clear to avoid the appearance design of the product not being clearly displayed due to focus or 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 product's appearance design.
3. Photos should generally follow the rules of orthographic projection to avoid distortion caused by perspective that affects the expression of the product's 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 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 work copyright voluntary 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 (cities, 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 obtaining copyright. 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, Yes, you will also be held criminally responsible. 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 limited to the registration of a program and one document. If you apply to register multiple documents, an additional fee of 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 is unable to explain the original source, the applicant shall state the reasons.
"Patent Law"
Article 27
Whoever applies for a design patent shall submit a request, pictures or photos of the design, and 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;
(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. How to apply for image copyright
Legal analysis: The specific process is: 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/her 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 is no objection 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.
Legal basis: Article 2 of the Copyright Law of the People's Republic of China. 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.