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When applying for work, the applicant shall submit relevant certificates and materials in accordance with the provisions of the Trial Measures for Voluntary Registration of Works:
1. Fill in the application form for registration of works, one copy of the registration form for the work, and one copy of the right guarantee, and one copy of the original and copy of the work, and one copy of the description of the work (explaining the creative concept, main features and content of the work, etc.);
2. If an individual author applies for copyright registration, he or she should also submit a copy of his ID card;
3. If the entrusted creative work applies for copyright registration, the copyright owner shall also submit a copy of the ID card of the copyright owner and the creator (if the copyright owner or creator is a unit, a copy of the business license or legal person ** certificate, and a copy of the ID card of the legal representative), and an original and a copy of the entrusted creation contract or agreement;
4. If a cooperative work applies for copyright registration, a copy of the ID card of the co-author shall also be submitted (if the co-author is a unit, a copy of the business license or legal person ** certificate, and a copy of the ID card of the legal representative), the original and a copy of the cooperative creation contract or agreement, and a copy of each copy;
5. If a service work applies for copyright registration, a copy of the author's ID card, a copy of the business license or legal person ** certificate of the copyright owner or the exclusive right to use the right, a copy of the ID card of the legal representative, the original and copy of the employment contract and the copyright ownership certificate shall be submitted;
6. If the applicant applies for copyright registration of art works or photographic works, in addition to submitting the relevant materials according to the above circumstances, the applicant also needs to submit two copies of the work (no more than 3R, which can be printed by computer), one is posted in the blank space at the bottom left of the "Application for Work Registration", and the other is stamped with the seal, and the other is submitted with the materials.
7. Computer software copyright registration materials: You can refer to the "Measures for Computer Software Copyright Registration" and submit the following main supporting documents: the identity certificate of natural person, legal person or other organization; If there is a written contract or project assignment for copyright ownership, the contract or project assignment shall be submitted; With the permission of the original software copyright owner, the license certificate of the original copyright owner shall be submitted for software developed on the original software; The successor, assignee or successor of rights shall submit proof of succession, assignment or inheritance of rights.
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From the date of the work's creation, the author automatically enjoys the copyright. Some people don't understand why copyright registration is necessary since they all automatically have copyrights. Copyright registration is voluntary, and most of the reasons why copyright owners want to register copyright are because it can be used as a valid proof of rights in the event of a copyright dispute.
3. The Copyright Center receives the documents and conducts a preliminary review.
4. Pay the fee after passing the review, and if it is not passed, it needs to be corrected or revoked.
5. The Copyright Center accepts the application and issues a notice of acceptance.
6. The Copyright Center will review the application documents to decide whether they need to be supplemented and corrected.
7. Review and register through the copyright center and register the certificate and announce it.
What documents are required for copyright registration?
Copyright:
1) Applicant's main qualification certificate [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) Copyright description of the work of the legal person (provided when 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.
Software Copyright:
1) Applicant's main qualification certificate [company: business license (with official seal); Individual: ID card];
2) Application form for registration of computer software copyright;
3) Source** (provide 30 consecutive pages before and after the source** and 50 lines per page (3000 lines in total), if all the sources** are less than 3000 lines, all sources** should be submitted**);
4) Design specification or operation instruction document (generally more than 10 pages);
5) **A copy of the company's business license.
The registration agency will complete the registration within 30 working days after accepting the registration application. If it is necessary to supplement and correct the materials, the applicant shall complete the correction within two months after receiving the notice of supplementation and correction, and the registration agency shall complete the completion within 30 working days after receiving the materials that meet the requirements.
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Article 4 of the Trial Measures for the Voluntary Registration of Works.
The applicant for registration of the work shall be the author, other citizens, legal persons or unincorporated units with copyright, and the owner of the exclusive right and its ** person.
Article 5 The work registration authority shall not register a work that falls under one of the following circumstances:
1. Works that are not protected by copyright law;
2. Works that have exceeded the term of copyright protection;
3. Works that are prohibited from being published or disseminated in accordance with the law.
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Legal analysis: materials and requirements to be submitted for applying for copyright registration of works:
Completed application form for copyright registration of works as required;
1.Proof of identity of the applicant;
2.Proof of ownership of rights;
3.Samples of works (samples of works on paper or electronic media can be submitted);
3.Description of the work (please write from the three aspects of creative intention, creative process, and originality, and sign by the author);
5.When entrusting another person to apply on behalf of the applicant, the ** person shall submit the power of attorney of the applicant; Proof of the person's identity.
Legal basis: Article 30 of the Copyright Law of the People's Republic of China A book publisher shall enter into a publishing contract with the copyright owner and pay remuneration when publishing a book;
Article 31: The exclusive right of publication enjoyed by a book publisher in accordance with the contract for a work delivered for publication by the copyright owner is protected by law, and others must not publish the work.
Article 32: The copyright owner shall deliver the work within the time limit agreed upon in the contract. Book publishers shall publish books in accordance with the publication quality and time limit agreed upon in the contract. Where book publishers do not follow the time limit agreed upon in the contract, they shall bear civil liability in accordance with the provisions of article 54 of this Law.
Where book publishers reprint or reprint works, they shall notify the copyright owner and pay remuneration. If the book publisher refuses to reprint or reprint the book after the book is out of stock, the copyright owner has the right to terminate the contract.
Article 33 Where a copyright owner submits a manuscript to a newspaper or periodical publisher, and fails to receive a notice from the newspaper publisher to decide to publish the manuscript within 15 days from the date of issuance of the manuscript, or fails to receive a notice from the journal publisher to decide to publish the manuscript within 30 days from the date of issuance of the manuscript, the same work may be submitted to other newspapers or periodical publishers. Unless otherwise agreed by both parties. After the work is published, except where the copyright owner states that it shall not be excerpted or compiled, other newspapers and periodicals may publish it as abstracts or materials, but remuneration shall be paid to the copyright owner in accordance with regulations.
Article 34: Book publishers may, with the author's permission, modify or abridge their works. Newspapers and periodicals may make textual changes or abridgements to their works. Modifications to the content shall be subject to the author's permission.
Article 35: Where works resulting from the publication of adaptations, translations, annotations, collations, or compilations of existing works, permission shall be obtained from the copyright holder of the adaptation, translation, annotation, arrangement, or compilation of the work, and remuneration shall be paid.
Article 36: Publishers have the right to permit or prudently prohibit others from using the layout design of the books or periodicals they publish. The term of protection of the rights provided for in the preceding paragraph is 10 years, ending on December 31 of the 10th year after the first publication of books and periodicals designed in this format.
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Legal analysis: First, the originality of the work, that is, the work must be produced by the author through independent conception and creation; Secondly, the reproducibility of the work means that the work can be made into one or more copies of the work by means of back-to-macro printing, photocopying, copying, rubbing, audio recording, video recording, ripping, reverse shooting, etc., but no matter what reproduction method is used and how many works are reproduced, the content and ideas of the work will not be changed.
Legal basis: Copyright Law of the People's Republic of China Article 31 The exclusive right of publication enjoyed by a book publisher in accordance with the contract shall be protected by law for the work delivered for publication by the copyright owner, and no one else shall publish the work.
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2. The copyright registration work shall not belong to the category of works that are not protected by the Copyright Law, works that have exceeded the protection period of the copyright right, etc.;
3. Other formal copyright registration conditions prescribed by law.
Legal basisArticle 4 of the Trial Measures for the Voluntary Registration of Works.
The applicant for the registration of the work shall be the author, other public brothers, legal persons or unincorporated units with copyright, and the owner of the exclusive right and its ** person. The regiment collapsed.
Article 5. Works that fall under one of the following circumstances shall not be registered by the work registration authority:
1. Works that are not protected by copyright law;
2. Works that have exceeded the term of copyright protection;
3. Works that are prohibited from being published or disseminated in accordance with the law.
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Legal basis: "Trial Measures for Voluntary Registration of Works" Article 4 The applicant for the registration of a work shall be the author, other citizens, legal persons or unincorporated units enjoying copyright, the owner of the exclusive right and the transferor on their behalf. Liang family.
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First of all, the originality of the work, that is, the work must be produced by the author through independent conception and creation;
Secondly, the reproducibility of a work means that one or more copies of a work can be made by printing, photocopying, copying, rubbing, audio recording, video recording, ripping, reverse shooting, etc., but no matter what reproduction method is used and how many works are reproduced, the content and ideas of the work will not be changed.
The material required for copyright registration and the conditions for copyright registration.
Legal Provisions. Copyright Law of the People's Republic of China
In the territory of the People's Republic of China, copyright is generally referred to as copyright, and all works of Chinese citizens, legal persons or unincorporated persons 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.
In China, a copyrighted work refers to an intellectual achievement in the fields of literature, art and science that is original and can be reproduced in some form. A work that meets the conditions for copyright protection is usually an intellectual creation that can be expressed in the form of a certain material reproduction, so the protection of oral works that δ fixed by a tangible medium is not excluded. Unlike the Anglo-American law, which requires that the height of the sock must be fixed on a tangible carrier.
Before going through formal copyright registration, you can check whether your work meets the relevant conditions for copyright registration, and as long as you can meet the relevant conditions, you can get your own work as soon as possible. There are many professional lawyers on Legalchat.com, and you can directly ask them for answers to the formal copyright registration conditions and information.
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