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How to check the authenticity of copyright, recently, the more popular topic should be the first plagiarism incident, plagiarism of other people's works refers to stealing other people's works as their own, so that the two sides began to have disputes, in law, plagiarism is a serious infringement of others' copyright, but also in the copyright trial practice is difficult to determine the behavior, so how to check the authenticity of copyright? How to check the authenticity of copyright? Copyright, also known as copyright, refers to the exclusive rights enjoyed by authors over their literary, artistic, scientific and technological works.
Copyright is a civil right enjoyed by citizens and legal persons in accordance with the law, and it is an intangible property right. Within the territory of the People's Republic of China, all works of Chinese citizens, legal persons or unincorporated entities enjoy copyright, regardless of whether they are published or not; If a foreigner's work is first published in China, it also enjoys copyright in accordance with the Copyright Law; Works published by foreigners outside of China are entitled to copyright in accordance with the agreements signed between the country to which they belong and China or the international treaties to which they are parties.
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The first is to submit a query request to the "China Copyright Protection Center" and obtain the query results at the payment fee;
Log in to the homepage of "China Copyright Protection Center"**, first-time users need to "register" first, enter "user name, password" and click "login" after successful registration. Click "I want to query" in "**Business" and fill in the information according to the operation instructions, and click "Query".
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How to check the authenticity of copyright:
1. The inquirer may submit a request to the China Copyright Protection Center and pay a fee to obtain the query result in accordance with the law;
[Legal basis].According to Article 2 of the Copyright Law of the People's Republic of China, which came into effect on June 1, 2021.
The works of Chinese citizens, legal persons or unincorporated organizations, regardless of whether they are published or not, enjoy copyright in accordance with this Law.
Article 12. The natural person, legal person or unincorporated organization that signs the work is the author, and the corresponding rights exist in the work, unless there is proof to the contrary.
Authors and other copyright owners may register their works with a registration authority designated by the competent national copyright authority.
The rights related to copyright shall be subject to the rolling provisions of the preceding two paragraphs by reference.
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1. The parties can log in to the portal of the work registration authority**, pay the corresponding fee, and click to query;
2. The parties can go to the work registration authority, show the supporting materials of the accompanying body, and pay the corresponding fees to apply for inquiry.
[Legal basis].
Article 9 of the Trial Measures for the Voluntary Registration of Works.
After the registered work is verified 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 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.
Article 10. The work registration form and work registration certificate should contain the work registration number. The registration number of the work pattern is the royal style for the registration of the word:
Area code) (year) (work classification number) (sequence number) number. The registration number of the work registered by the National Copyright Administration does not include the area code.
Article 12. The registration of works shall be managed by a computer database and shall be open to the public. To view the works, you should fill in the access registration form and pay the access fee.
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Methods for checking copyright: Under normal circumstances, the parties can go to the local department in charge of copyright and inquire in accordance with the procedures, or they can directly log in to the portal of the national copyright department** and follow the interface to inquire about relevant information.
[Legal basis].Article 1 of the Copyright Law.
This Law is enacted in accordance with the Constitution so as to protect the copyrights of authors of literary, artistic, and scientific works, as well as the rights and interests related to the right to promote the auspiciousness of works, to encourage the creation and dissemination of works that are beneficial to the building of socialist spiritual and material civilization, and to promote the development and prosperity of the cultural and scientific undertakings of the society.
Article 7. The national copyright department is responsible for copyright management throughout the country; The local department in charge of copyright at or above the county level is responsible for copyright management in that administrative region.
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Legal analysis: There are two ways to inquire about software copyright: one is to submit a query request to the "China Copyright Protection Center", and obtain the results of the query at the end of the payment; The second is to log in to the "China Copyright Protection Center"** query.
2. On the right side of the "Copyright Registration Hall" column, enter the "Computer Software Copyright Registration Announcement".
3. Enter any one of the "software name", "registration number" and "copyright owner" on the announcement page for query, and you can query the software that has been registered and obtained the certificate.
Legal basis: Measures for the Registration of Computer Software Copyright》 Article 10 The query methods of software registration files include:
1) Inquire through the bulletin board of the center**;
2) Software registration electronic file query only macro destruction;
3) Software registration paper original extinction file inquiry.
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