Joke Collection Website - Bulletin headlines - How to effectively protect copyright-how to effectively protect copyright?
How to effectively protect copyright-how to effectively protect copyright?
Principles of protecting authors' rights and interests
The author's creation is the source of the whole social and cultural progress. Therefore, the law should strengthen the protection of copyright rights and encourage the author's creative enthusiasm.
(2) Encourage the dissemination of works.
Copyright law is not only formulated by the state to protect the rights and interests of authors, but also to encourage the wide spread of works and the prosperity of social and cultural life. Therefore, the fourth chapter of China's Copyright Law clarifies the protection of the rights of authors and disseminators, which is the embodiment of encouraging the wide spread of excellent works.
The principle of harmony between author's interests and public interests
In essence, the author's interest is private interest, and the wide spread of his works more reflects the needs of public interest. In order to prevent the author from abusing the rights granted by the copyright law and making it difficult to realize the public interest, the copyright law also restricts the author's rights, such as stipulating the fair use and legal licensing system.
(four) the principle of keeping consistent with the development trend of the international copyright system.
With the development of communication technology and international copyright trade, many works are spread to other countries through various media, and the protection of copyright is strictly regional.
Second, the legal liability for copyright infringement
Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
4. distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Using a work by means of exhibition, filming, adaptation, translation or annotation without the permission of the copyright owner. Except as otherwise provided for in this Law;
(seven) the use of other people's works, should pay the remuneration but did not pay the remuneration;
(8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of a film work or a work created by a method similar to filming a film, computer software or audio-visual product, except as otherwise provided by this Law;
(9) Using the layout design of books and periodicals published by publishers without the permission of publishers;
(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;
(ten) other acts of infringement of copyright and copyright-related rights and interests.
After the work is completed, the owner of the work generally enjoys the copyright. From the time of obtaining the right, during the copyright protection period, if the non-right holder wants to use the copyright of others, he needs to obtain the consent of the right holder. The specific way of consent is to sign a transfer contract or an authorization contract.
legal ground
Copyright law of the people's Republic of China
Article 48 A television station shall obtain the permission of and pay remuneration to the producer of other people's audio-visual works or video products when broadcasting them; Playing other people's video products shall also obtain the permission of the copyright owner and pay remuneration.
How to protect the author's copyright? According to the Copyright Law, "works automatically acquire copyright from the date of creation". But you should know clearly that the law needs evidence. Without evidence, you don't really have the rights you should have, which leads to the design works being easily infringed and copied. The original work embodies the author's wisdom, time and hard work. How to preserve evidence to protect your legitimate rights and interests? As a student majoring in intellectual property, today I will talk about several ways to communicate with our friends.
PART 1I_ method of saving original materials for creation
Keep the original manuscript or electronic manuscript at the time of creation, the creative ideas of the work and other materials. If the contract has been signed, you can keep the script and the full text of the contract.
Part II _ Protection Methods of Copyright Bureau Registration
National Copyright Administration
Namely China Copyright Protection Center (only approved by the National Copyright Administration). This is one of the most effective ways to protect one's own copyright at present, and it is also the most convincing and legally protected way of copyright protection. This method is very standardized and formal, and it also has legal effect internationally. Disadvantages are troublesome process, long cycle and charging.
China Copyright Bureau Registration Certificate Sample Map
Provincial copyright bureau
Processing department
According to the National Copyright Administration's Trial Measures for Voluntary Registration of Works, the copyright bureaus 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 within their respective jurisdictions.
Materials submitted for copyright registration of works.
(1) Application Form for Copyright Registration of Works.
(2) A copy of the letter of guarantee of rights.
(3) a work manual.
(4) the identity certificate of the applicant.
(5) Where an application is entrusted to another person, the agent shall submit the power of attorney of the applicant and the identity certificate of the agent.
(6) Samples of works (samples of works in paper or electronic media can be submitted).
(7) Proof of ownership of rights.
process cycle
Completed within 15 working days after the registration institution accepts the registration application. Where materials need to be corrected, the applicant shall complete the correction within one month after receiving the notice of correction, and the registration institution shall complete the correction within 15 working days after receiving the materials that meet the requirements. Of course, in order to save trouble, you can also find a professional organization to handle it for you.
The third part I_ troublesome teaching; ぐぐ ぐ ぐ ぐ ぐ ぐ ぐ
For example, the current self-media, official WeChat account and headline number are all protected by originality, and you can also send long Weibo, QQ space and so on, and you can also prove your creation.
Shenzhen Digital Works Filing Center submits works for filing through the Internet, which breaks through geographical restrictions and has the characteristics of objectivity, truthfulness and rapid circulation, and meets the special needs of creative industries to protect intellectual property rights. Strict filing rules and advanced technical means ensure the credibility and authority of electronic certificates.
PART4I My first part My first part My first part My first part My first part My first part My first part My first part My first part My first part My first part My first part My first part My first part My first part My first part My first part My first part.
Simple and rude has the most legal effect (suitable for individual screenwriters without teams). Send the printed version of your work to yourself by courier, and don't open it after receiving it. Just use the time stamp to prove that you have this work. Simply put, if you write something, find a post office and send it to yourself. Never open it. You can take it out because someone or organization has violated it. Remember, only China Post has legal effect, but express delivery is useless, such as Shentong and Shunfeng.
The fifth part _ hexagrams Meng Benlian wood Angle
Every province has a copyright registration center, and the number copyright registration has only one time stamp. At present, the most authoritative ones seem to be copyright registration and time stamp.
Self-built timestamp
This time stamp obtains time from time receiving devices (such as GPS, CDMA, Beidou satellite) to a time stamp server, and issues a time stamp certificate through the time stamp server. This time stamp can be used to identify the internal responsibility of the enterprise, and it has no legal effect after being certified by the court. Because the time received by the time receiving device may be tampered with, it cannot be used as a legal basis.
Time stamp with legal effect
It is a domestic third-party trusted timestamp authentication service created by the National Time Service Center of Chinese Academy of Sciences and Beijing United Trusted Technology Service Co., Ltd. The National Time Service Center is responsible for time service and punctuality monitoring. Because of its on-time monitoring function, the time in the timestamp certificate is accurate and cannot be tampered with. The platform for obtaining time stamps is the "public copyright protection platform", which can be synchronized with the National Time Service Center of Chinese Academy of Sciences.
I hope this article has inspired you.
How to effectively protect copyright? In the process of circulation and dissemination of digital works, the phenomenon of unclear copyright often appears. For example, digital pictures are easy to copy, and the original and backup are difficult to identify. In this case, after a digital picture is widely reproduced on the Internet, if there is a copyright dispute, it is difficult to determine who the original author of the picture is, or even what the original picture looks like after the picture has been maliciously changed. Nowadays, with the development of high technology and the popularity of the Internet, disputes caused by infringement of the ownership of digital works are becoming increasingly fierce. How to protect the copyright of these digital works has become the common aspiration of people! According to the Copyright Law of People's Republic of China (PRC), "the works of China citizens, legal persons or unincorporated units, whether published or not, shall enjoy copyright in accordance with this Law". It can be seen from this regulation that works have copyright as soon as they are produced, and as long as they are works (whether in traditional printed matter or digital form), they will certainly be protected by copyright law. China implements a copyright protection system, so as long as the work is completed, the author will of course enjoy the copyright. Therefore, if the author wants to protect himself in possible infringement disputes in the future, the best way is to keep the evidence that he is the original and the only author. How to keep the evidence? What should the copyright owner do in the face of problems such as digital works being easily tampered with without trace and evidence being invalid and difficult to prove? In order to solve the problem of copyright protection in the digital age, under the guidance of famous domestic judges, scholars and copyright protection experts, the time stamp service center jointly established by the National Time Service Center and Trust * * * * launched a time stamp copyright protection service, which provided a convenient, fast and effective method for copyright owners. For a long time, people have protected copyright through just people. In many countries, the fact that justice is legally effective proves that notaries are individuals who execute signing certificates. Notarization only registers any documents provided by the parties at the request of the parties, indicating that such an event has occurred, but notaries can't testify for the contents of the documents because they don't know all the contents of the documents, and time stamps can notarize the contents of electronic documents. Time stamp is like an authoritative third-party electronic notary. Time stamps provide real-time proof for all electronic documents and any subsequent changes. Time stamp can facilitate the copyright owner to prove when and what kind of works he owns, and solve the problem that it is difficult for the copyright owner to obtain evidence when copyright is corrected. The timestamp cannot be forged. Time stamp can ensure the consistency of all contents 100% and the originality of electronic documents. Therefore, in contrast, paper notarization and the required fees have become an outdated notarization method.
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