The copyright of a picture does not need to be applied, but is automatically protected by the 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, help solve copyright disputes caused by copyright ownership, and provide preliminary evidence for solving copyright disputes, the state has established a voluntary registration system for copyright of works, and copyright owners can register copyright of works with
China Copyright Protection Center
or the copyright administrative departments of provinces (cities, autonomous regions). According to the provisions of relevant laws, those who apply for the copyright registration of pictures need to pay the registration fee for each piece of 3 yuan if it is a photographic work, and 1 yuan if it is a series of works. The applicant submits the registration application materials-the registration agency checks the receiving materials-notifies the payment-the applicant pays the registration fee-the registration agency accepts the application-examines-makes and issues the registration certificate-and makes an announcement.
material requirements: materials and requirements that should be submitted when applying for copyright registration of works: (1) Fill in a complete application form for copyright registration of works as required; (2) the identity certificate 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 it from three aspects: creative intention, creative process and originality, and sign it by the author); (6) When entrusting others to apply on their behalf, the agent shall submit the applicant's
power of attorney
; (7) the identity certificate of the agent.
: how to check whether a picture is infringing? The infringement of pictures generally involves the copyright of pictures, the graphic registration of trademarks and the application for appearance patents. To see whether a picture is infringing depends on whether the copyright of its own graphics is registered. The copyright is automatically generated at the beginning of design, and it is not announced to the public. It is difficult to find out. Even if the original author does not register the copyright, it is difficult to prove the source. From another angle, you can imagine it yourself. However, trademarks are announced to the public, which can be found. As far as trademarks are concerned, it is easy to judge whether they infringe the rights of others. As for the inquiry of appearance patents, only the patent number can be found. Legal basis:
Article 2 of the Copyright Law
stipulates that the works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law. The copyright enjoyed by the works of foreigners and stateless persons according to the agreement signed between the country to which the author belongs or the country where he has his habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law. Works of foreigners and stateless persons that are first published in China 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 participated in international treaties are first published in member countries of international treaties to which China is a party, or published in member countries and non-member countries at the same time, which are protected by this law. How to apply for a picture copyright registration
Applying for a picture copyright registration has the following procedures:
1. The owner of the picture or other copyright owners submit the application materials for registration;
second, the work registration agency receives the application materials;
3. The registration authority shall accept it and review it;
fourth, make and issue registration certificates;
v. announcement.
Graphic copyright registration is a kind of copyright registration. Copyright, that is, copyright, refers to the rights (including property rights and personal rights) enjoyed by the authors of literary, artistic and scientific works. Copyright is a type of intellectual property, which consists of natural science, social science and works in literature, music, drama, painting, sculpture, photography and cinematography.
copyright registration after graphics is a powerful time proof for the creation of works. Scope of copyright protection: written works, oral works, music, drama, folk art, dance, acrobatic works, fine arts, architectural works, photographic works, film works and works created by methods similar to filming, graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams, and other works stipulated by computer software, laws and administrative regulations. Graphic symbols and graphic trademarks belong to works of art in copyright. If the copyright of the graphic is not registered, it is easy to be registered as a trademark or become a corporate symbol of others. If infringement is found, it will not provide a strong proof of the time of creating graphics. If the copyright of a graphic is registered and infringement is found, a strong confrontation can be carried out.
Legal basis
Trial Measures for Voluntary Registration of Works
Article 4: Applicants for registration of works shall be authors, other citizens enjoying copyright, legal persons or unincorporated units, exclusive rights owners and their agents.
article 8: when applying for the registration of a work, the author or other copyright owner shall show his identity certificate or provide proof indicating the ownership of the right of the work (such as copies of the cover and copyright page, copies of some manuscripts, photos and samples, etc.), fill in the work registration form and pay the registration fee. Other copyright owners applying for the registration of works should also produce certificates indicating the identity of the copyright owner (for example, the heir should produce the identity certificate of the heir; The client of commissioned works shall present the entrustment contract). The owner of the exclusive right shall produce a contract to prove that he enjoys the exclusive right.
article 9: after a registered work has been checked by the work registration authority, the work registration authority will issue a work registration certificate. The work registration certificate shall be made by the registration authority according to the samples attached to these Measures. The verification period of the registration authority is one month, which is counted from the date when the registration authority receives all the application materials submitted by the applicant. How to apply for copyright protection of pictures
Legal analysis: 1. Fill in an application for work registration, a work registration form, and a right guarantee, and submit an original and a copy of the work and a description of the work (explaining the creative idea, main features and contents of the work, etc.);
2. If an individual author applies for registration, he shall also submit a copy of his ID card;
3. When applying for registration of a commissioned creation, the copyright owner should also submit a copy of the ID cards of the copyright owner and creator (if the copyright owner or creator is a company, a copy of the business license or legal person code certificate and a copy of the ID card of the legal representative), and an original and a copy of the commissioned creation contract or agreement;
4. If a cooperative work applies for registration, it shall also submit a copy of the ID card of the co-author (if the co-author is a unit, a copy of the business license or legal person code certificate and a copy of the ID card of the legal representative), and an original and a copy of the contract or agreement for co-creation;
5. To apply for registration of a job work, a copy of the author's ID card, a copy of the business license or legal person code certificate of the copyright owner or exclusive user, a copy of the legal person representative's ID card, the employment contract and the original and copy of the copyright ownership certificate shall be submitted;
6. When applying for registration of a work of art or photography, the applicant shall submit not only relevant materials according to the above situation, but also photos of the work.
Legal basis: Article 12 of the Copyright Law of the People's Republic of China refers to a natural person, a legal person or an unincorporated organization whose name is on a work as the author, and there are corresponding rights on the work, unless the contrary is proved. Authors and other copyright owners may register their works with the registration agencies recognized by the national copyright authorities. The provisions of the preceding two paragraphs shall apply mutatis mutandis to the rights related to copyright.