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Is copyright the same as copyright? How do I apply for copyright registration? What should I do to apply for copyright registration?
1. The Occurrence of Copyright (Copyright) In China, copyright is automatically generated, and once the work is completed, the author enjoys the rights granted by law. However, due to the fact that in real life, when disputes arise, rights holders often encounter difficulties in adducing evidence, so authors are encouraged to register the copyright of their works, especially computer software works, so that they can be used as preliminary proof of rights in future administrative remedies and judicial proceedings. At the same time, when the author carries out copyright **, copyright transfer, licensing and other activities, he also needs such a right certificate to facilitate the signing of a contract with the other party for transfer, license and other uses.
What are the main copyright registration authorities? The copyright offices of all provinces, autonomous regions and municipalities directly under the Central Government are responsible for the registration of works of authors or other copyright owners in their respective jurisdictions. The National Copyright Administration is responsible for the registration of works by foreign authors or other copyright holders in Taiwan, Hong Kong and Macao.
Entrusted by the National Copyright Administration, the China Copyright Protection Center is responsible for the registration of works by foreign authors or other copyright holders in Taiwan, Hong Kong and Macao. 2. Materials to be submitted for the registration of the work: 1. Application for registration of the work (the standard format shall be provided by the work registration authority); 2. Identification documents of the author or other copyright holders:
Proof of author's identity (photocopy, signed by the author); Industrial and commercial registration certificate or other relevant supporting documents of legal person or unincorporated unit (photocopy); Identification document of the heir (photocopy); The commission contract of the commissioned work (copy); The cooperation agreement or contract of the co-authors and the identification certificate of each co-author (photocopy). 3. Proof of copyright ownership of the work: a copy of the cover and copyright page of the work; Photocopies or samples of part or all of the manuscripts of the written work; Table of contents of the chapters of the work; Copies or works of art, photography, etc.**; film and television works, audio-visual product envelopes or **, sample tapes (films); Exclusive rights license agreement (copy).
4. Requirements for the writing of the work description: (1) A brief introduction to the work, and the number of words in the text is required to be stated; (2) Creation process and creativity of the work; (3) The time when the work was completed, and whether it was completed independently; (4) Explain whether the work has been published and in what way. If not, when and how it is going to be published.
5. Letter of trustee and identification documents (copy) of ** person. Fill in the "Work Registration Form" and "Rights Guarantee", and pay the work registration fee. After receiving the application materials for the registration of the work, the work registration authority shall conduct verification in accordance with the regulations, and the verification period shall be one month, and the verification period shall be calculated from the date on which the work registration authority receives all the application materials submitted by the applicant.
After verification, the works that meet the conditions for voluntary registration of works shall be issued a work registration certificate by the work registration authority, and shall be announced through the relevant copyright information publications and the ** established by the work registration authority.
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Generally, copyright registration is divided into the following categories: photographic works, literary works, film and television works, art works, and works of art. What does registration need to be put down, I was looking for the rights defender to do the copyright registration before they did infringement monitoring, very good, and then I knew that they also did copyright registration together.
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First of all, the copyright mentioned here is actually copyright registration.
You can apply to the National Copyright Protection Center or the Local Copyright Protection Center.
For example, if the original author registers the copyright certificate of the work with the Jiangsu Copyright Bureau, if someone steals the work and registers it with the National Copyright Protection Center, then the legal effect of his certificate is higher than that issued by the Jiangsu Copyright Bureau? The answer is of course impossible, the copyright of the work is that the author or the relevant right holder has the copyright of the work after the completion of the work, and the registration of copyright that we often say is actually to go to the Copyright Office to make a certificate to prove it, and it will not be because it is the certificate issued by the National Copyright Administration, the legal effect will be higher than that of the locality, and the registration will be investigated, which not only infringes the copyright law, but also cancels the certificate that has been successfully registered).
The process of copyright registration.
1.Whether the self-examined work meets the registration conditions and determines the type of copyright registration.
2.Select and determine the handling agency, and ** contact the agency for the specific registration process. (Due to the different review standards of different copyright protection centers, the materials and processes are different).
3.Preparation of registration documents (work materials and copyright owner information materials).
4.Submit an application form for registration of works.
5.Pay. 6.The Copyright Center accepts and reviews it.
7.Correction (not necessary, if the work is fine, it does not need to be corrected).
8.The registration is successful, and the certificate is issued.
1.Proof of the applicant's main qualification (company: business license (with official seal); Individual: ID card).
2.Sample drawings of works and instructions for the creation of works;
3.Application form for copyright registration of works;
4.A description of the copyright of the work of a legal person (if the author is a legal person or an unincorporated organization);
5.Power of attorney, application with drawings, and a copy of the company's business license.
Many creators may be stumped at the first step, how to self-review the work, how can I know that my work does not meet the registration criteria. After a lot of effort to solve the first problem, I was in a dilemma about the application form, I didn't know how to fill it out, whether it would affect the registration, and so on. When you apply for copyright yourself, you will encounter a lot of problems, worrying about this and worrying about that.
The users of Whale Copyright have never worried about this, because when Whale Copyright users do registration, they have a professional copyright registration consultant to assist the creators in filling out the registration form, which ensures the success rate of the registration of the work to the greatest extent from the first step.
And Whale Copyright has helped 16w+ content creators and enterprises to achieve stop-loss, value preservation, monetization, and value-added of content assets through copyright registration, copyright protection, copyright risk control and early warning services.
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1. First of all, the copyright registrant shall prepare the registration application, the identity certificate, the work sample and other materials in advance;
2. Secondly, the registration authority shall review the above-mentioned materials;
3. Finally, the registration authority will issue a registration certificate to those who meet the requirements.
[Legal basis].
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1.Preparation of materials: To apply for copyright registration, the following materials need to be prepared: electronic text, electronic **, electronic audio recording or electronic ** of the work, etc.; Proof of copyright owner's identity (personal ID card or enterprise registration certificate, etc.).
3.Fill in the application form: Qiaomu selects the type of work to apply for and the registration method according to the system prompts, and fills in the registration application form.
4.Upload materials: Upload the prepared electronic text, electronic**, electronic audio recording or electron** and other documents of the work to the system. Ensure that the file is clear and complete, and must not exceed the file size specified by ** or the app.
6.Submit an application: After confirming the application information and paying the fee, submit the application and wait for review.
7.Review result: The NCAC will conduct a review and report the result to the applicant within 3 working days. After the review is passed, the copyright registration certificate will be made and mailed to the applicant's address within 15 working days.
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2. Enter the copyright registration procedure: the author himself or ** person will 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 Office will handle the registration within one month and issue the registration certificate for the trembling products.
1) The original and photocopy of the ID card and work permit of the copyright registration applicant.
2) Application for voluntary copyright registration of works.
4) The original and photocopy of the copyright registered work.
4. Payment of copyright registration fees: If the review is passed, the Copyright Office will issue a notice of payment, and then the applicant or ** person needs to pay the corresponding copyright registration fees according to the requirements of the notice.
Legal basis: Trial Measures of the People's Republic of China for Voluntary Registration of Works
Article 7 The jurisdiction to which the author or other citizen enjoying copyright belongs shall be subject to the jurisdiction of the address on his or her identity card. In the case of co-authors and multiple copyright holders, the jurisdiction of the entrusted registrant shall prevail. The jurisdiction of a legal person or unincorporated entity shall be subject to the jurisdiction of the place where its business place is located.
Article 8 Authors or other copyright owners applying for registration of works shall present their identity certificates and provide proof indicating the ownership of the rights of the works (e.g., copies of the cover and copyright pages, copies of some manuscripts, samples, etc.), fill in the work registration form, and pay the registration fee. Other copyright owners applying for registration of works should also present a certificate indicating that the copyright owner has taken the right to the work (e.g., the heir should present the identity certificate of the heir; The consignor of the commissioned work shall present the auction consignment contract).
The owner of the exclusive right shall produce a contract evidencing his or her exclusive rights.
Article 9 After the registered work has been verified by the work registration authority, the work registration authority shall issue a work registration certificate. The work registration certificate shall be made by the registration authority in accordance with the sample attached to these Measures. The period of verification by the registration authority is one month, which is calculated from the date on which the registration authority receives all the materials submitted by the applicant for registration.
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Copyright registration should be applied for in the following ways: the applicant is required to submit proof of identity, original work, description of the work and other materials; Then the registration authority will review whether the materials are complete, and if the conditions are met, they will be accepted; After that, the applicant shall pay the registration application fee; The registration authority shall conduct a formal review within 30 days after acceptance; Finally, the applicant shall be served with a notice of issuance of the registration certificate or a notice of non-registration.
[Legal basis].Article 8 of the Trial Measures for Voluntary Registration of Works The author or other copyright owner shall present proof of identity or provide proof indicating the ownership of the right of the work (such as: copies of the cover and copyright pages, copies of some manuscripts and **, samples, etc.) to apply for registration of works, fill in the registration form of the work, and pay the registration fee. Other copyright owners applying for registration of works should also present a certificate indicating the identity of the copyright owner (such as the heir should present the identity certificate of the heir; The commissioning Danshan person who entrusts the work shall present the entrustment contract).
The owner of the exclusive right shall produce a contract evidencing his or her exclusive rights. Article 9 After the registered work has been verified by the work registration authority, the work registration authority shall issue a work registration certificate. The work registration certificate shall be made by the registration authority in accordance with the sample attached to these Measures.
The period of verification by the registration authority is one month, which is calculated from the date on which the registration authority receives all the documents submitted by the applicant for registration.
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