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 of 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 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 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 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. 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 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 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 (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 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 must 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 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. 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 certification materials, 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. The 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 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 paid in a range 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.