First, the copyright inquiry files are handled by the Archives Department of the Copyright Administration.

Second, the public security, courts, procuratorates, national security, discipline inspection and supervision, audit institutions and other departments should inquire about copyright files, and the inquirers should show their valid certificates and submit relevant official letters.

3. If a party entrusts a law firm or copyright agency (recommended: Bajie Intellectual Property) to inquire about the party's own copyright files, the inquirer shall show his valid certificate, and submit the power of attorney of the party, the valid identity certificate of the party and the letter of introduction from the law firm and copyright agency.

4. When a law firm or copyright agency acts as an agent in litigation activities, it may inquire about the copyright files involved, and the inquirers shall show their valid certificates, and submit the relevant certificates of the court, the power of attorney of the parties and the letter of introduction from the law firm or copyright agency.

5. If a copyright registrant inquires about his own copyright file, the inquirer shall produce a valid certificate. If the registrant is a company, a letter of introduction from the company and a copy of the business license stamped with the official seal shall be submitted.

Six, law firms or copyright agencies and copyright registrants need to obtain copyright files for document identification, in addition to the above procedures, the appraiser should also submit the introduction of the appraisal agency.

How to check whether a picture is infringing? Picture infringement generally involves the copyright of pictures, the graphic registration of trademarks and the application for patent for appearance.

Whether a picture is infringing depends on whether your graphic copyright is registered. Copyright is automatically generated at the beginning of design and will not be announced to the public. It's hard to find. Even if the original author does not register copyright, it is difficult to prove the source. Put it another way, you can imagine it yourself.

But the trademark is announced to the public and can be found. As far as trademarks are concerned, it is easy to judge whether the rights of others have been infringed.

As for the inquiry of appearance patent, only the patent number can be found.

Extended data:

Specific compensation standards for picture infringement:

If the picture is infringed, the compensation standard shall be determined according to the following factors.

1, the actual loss of the picture right holder or the actual infringement number of the picture infringer;

First of all, we should consider the actual loss, that is, the actual loss of the picture right holder or the actual loss brought by the picture infringer to the right holder because of the infringement.

2. The illegal profit of the picture infringer;

If the actual loss of the obligee cannot be estimated, the compensation standard can also estimate the compensation amount according to the illegal profit of the picture infringer.

3. When the above cannot be determined, the court will make a judgment according to the specific details.

When the actual loss of the obligee and the illegal profit of the infringer cannot be estimated, the court will analyze the specific situation according to the evidence submitted by both parties and finally determine the amount of compensation according to the actual situation.

References:

-Infringement

How to check whether a picture is copyrighted can be inquired through the website of Intellectual Property. Of course, in addition to this way, he can also judge for himself. In our country, whether a picture has copyright mainly depends on whether it is the original work of the party concerned.

First, how to check whether the picture is copyrighted?

Check whether a picture is copyrighted through the IP website. The principles for judging copyright infringement are as follows:

In judicial practice, the common principles for determining copyright infringement are:

1, dichotomy of thought and expression

Exclude the creativity of a work from the scope of protection of copyright law. This is the basic requirement of the principle of copyright law. Article 9, paragraph 2, of the Berne Convention clearly stipulates that copyright protection extends to expression, but does not include ideas, processes, operating methods or digital concepts themselves. Copyright Law submitted by China Copyright Bureau on June 5438+0998+1October 8.

Article 5 of the revised draft (hereinafter referred to as the draft) also adds a clause that copyright law protects expression and does not protect ideas, concepts, discoveries, principles, methods, forms of expression and processes.

Thought and expression can be clearly distinguished in general works, but in computer software works, the boundaries are not clear.

In addition, even if it belongs to the expression of ideas, it belongs to the public domain, and if it is a unique expression, it is not protected.

2. The principle of connection and similarity

After the separation of thought and expression, public domain and private domain, if two works are the same or similar, we can judge whether it constitutes plagiarism by whether the authors of the two works are connected or whether the works are connected.

If the works of the obligee and the defendant are the same or similar, and the defendant cannot provide the creation process to prove that it was independently created without imitation, the infringement is established. It can be seen that the burden of proof here is reversed, that is, the author of the accused work proves that he has not touched the plaintiff's work, otherwise he can be presumed to have contacted it.

When judging whether two works are the same or similar, there is a so-called substantive part, that is, the accused works imitate the substantive part of the obligee's works. However, there are still different opinions on what is the essential part of a work and how to judge it. This needs to be further explored in judicial practice.

Second, what are the constitutive elements of copyright infringement?

From the constitutive requirements of tort, it should be analyzed from two aspects: "fault" and "no fault" When applying the principle of presumption of fault, its constitution must have four elements of illegality: (infringement), damage fact, causality and fault. As far as the tort based on the principle of no-fault liability is concerned, fault is no longer a constituent element of this kind of tort because whether people are at fault or not is not considered.

1, illegal. The act that causes factual damage must be illegal, and the actor shall be liable for compensation. Otherwise, even if there are damage facts, the actor cannot be held liable for compensation. No matter whether the activities carried out by the actor infringe the interests of the copyright owner, no matter whether the activities carried out by the actor pose a major threat to the interests of the copyright owner, they will inevitably harm the interests of the copyright owner in the future, which constitutes an act of copyright infringement.

2. Damage the facts. Usually refers to the behavior carried out by the infringer that objectively brings harm to the injured party. If the infringer's behavior causes damage to the copyright owner, and there is no clear reason for responsibility, the infringer shall bear legal responsibility. However, if the infringer commits an infringement and does not cause actual damage to the copyright owner, should he bear the tort liability? If someone illegally copies a large number of his works without the permission of the copyright owner, but does not branch them, is this an act of copyright infringement? Another example is that a publisher publishes without the permission of the author, but pays the author. These are all acts of infringement, because they have neither the permission of the author nor the permission of the law. The infringer exercises the rights that should have been controlled by the copyright owner, or hinders the exercise of the copyright owner's rights.

Our country can only protect original works, and the protection here is mainly copyright protection. If it is a simple picture constructed by yourself and has its own unique ideas, then you can apply for copyright protection and enjoy the corresponding copyright.