According to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes, manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification bodies, contracts for obtaining rights, etc. provided by the parties can be used as evidence. A natural person, legal person or other organization whose name is signed on a work or product shall be regarded as the owner of copyright and rights and interests related to copyright, unless it is proved to the contrary.
In addition, China's "Regulations on the Implementation of Copyright Law" stipulates that for works with unknown authors, the copyright owner shall exercise the copyright except the right of signature. After the identity of the author is determined, the author or his successor shall exercise the copyright.
More detailed information can provide more accurate legal advice.
How to identify the copyright of a picture The copyright of a picture should be identified as follows: Generally speaking, whoever belongs to the copyright is the creator of the picture. Copyright belongs to the author, and the general copyright applicant is the copyright owner, but under special circumstances, the copyright belongs to the heir of the copyright owner.
legal ground
"Trial Measures for Voluntary Registration of Works" Article 8 When applying for registration of works, authors or other copyright owners shall show their identity certificates or provide certificates indicating the ownership of works (such as copies of cover and copyright pages, copies of some manuscripts, photos and samples, etc. ), fill in the work registration form and pay the registration fee. Other copyright owners who apply for the registration of their works shall also produce certificates indicating the identity of the copyright owner (for example, the heir shall produce the identity certificate of the heir; The client of commissioned works shall present the entrustment contract). The owner of the exclusive right shall produce the contract to prove that he enjoys the exclusive right. Article 9 After a work is 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 according to the samples attached to these Measures. The verification period of the registration authority is one month, counting from the date when the registration authority receives all the application materials submitted by the applicant.
How to prove that copyright is your own? In real life, copyright is very important for a product, because it not only shows that the creator can enjoy the rights and interests brought by sale or adaptation in the future, but also brings rich benefits to the creator. Therefore, I would like to tell you about how to prove your copyright and related knowledge, hoping to help you solve the corresponding problems.
First, how to prove the copyright you own?
If there is no proof to the contrary, the signed citizen, legal person or other organization shall be the author.
copyright law
Article 11 Copyright belongs to the author, except as otherwise provided by this Law.
The citizen who creates a work is the author.
A work presided over by a legal person or other organization, created on behalf of a legal person or other organization, and in the charge of a legal person or other organization shall be regarded as the author.
If there is no proof to the contrary, the signed citizen, legal person or other organization shall be the author.
Second, how to query copyright on the copyright query platform
(1) first entered official website, the copyright protection center of China;
(2) In the corresponding window, enter your registered user name and password, and then click Login for online inquiry.
Third,
Repeated transfer of copyright to whom does the copyright belong?
(1) On the right to transfer: When signing a contract, the parties should realize that the transfer of copyright is property rights, excluding personal rights. Therefore, the transferor may stipulate in the contract that if the transferee infringes on the personal rights of the transferor's work, such as the right of signature and modification. , the transferee shall give corresponding compensation.
(2) Content of transfer: There are many contents of copyright, including the rights of reproduction, distribution, lease, display, performance, projection, broadcasting, information network dissemination, shooting, adaptation, translation, assembly and other rights that should be enjoyed by the copyright owner. Therefore, when signing a contract, it must be clear whether to transfer some rights or all rights. If it is part of the right, it is necessary to write clearly the content of the transfer to avoid disputes in the future.
The so-called dispute over repeated transfer or repeated authorization of copyright refers to the copyright infringement and confirmation dispute between the transferee or licensee after the copyright owner transfers the ownership or use right of the copyright to the transferee or licensee by signing a copyright transfer contract or an exclusive license contract, and then signs a transfer or license contract with other uninformed third parties as rights holders to repeatedly transfer the same rights or authorize by exclusive license.
Generally speaking, after the copyright owner has his own copyright through application, others can't use it without permission, which can also bring benefits to the copyright owner. The above is for everyone.
How to prove your copyright?
If you don't know anything or have other questions, you can consult a lawyer.