How to protect rights with a copyright registration certificate
Need to prepare materials in court litigation.
1. The manuscript and original copy of the work
(1 )Photography works
For photography works, the originals of traditional photos are generally photo negatives, while the originals of digital photos are mainly files in RAW, TIFF, JPEG and other formats.
1. RAW format (called NEF format by Nikon) has proven to be the most effective. It is not processed and compressed and not only records the data of the digital camera sensor. The original information also records some original data generated by the camera, including Metadata, such as aperture, shutter, focal length, ISO, etc., so it is vividly called the "digital negative" of digital photos.
2. TIFF format, secondly proven effectiveness, is not restricted by processing software and is a format supported by most digital cameras at present.
3. JPEG format, ranking third in proven effectiveness, is the format with the smallest "volume" among the three formats. It is a lossy compression format. During the compression process, part of the data of the original image is lost, and image elements are selected, resulting in the loss of picture information. Moreover, these lost data cannot be recovered in the later stage.
For digital photos, there is another most intuitive way to judge the original photo, that is, the larger the photo capacity and the more complete the content, the greater the possibility that it is the original. , the proof effectiveness will be higher. This is because digital photos are easier to modify and spread than traditional photos. After repeated use, the photo parameters will change, but the capacity and integrity of the photos can only be reduced but not increased.
In addition, photos taken from different angles of the same subject can help prove the author's rights.
(2) Art works
For art works, the originals of traditional art are generally paper The originals of high-quality paintings and modern art (also called "computer art") are mainly electronic source files in JPEG, BMP, PSD, AI, CDR, MAX and other formats. Usually, the more original data recorded in the document, the stronger the proof will be. For example, a PSD format file with detailed layering has higher certification validity than a non-layered file, and an unconverted CDR format file also has higher certification force than a converted file.
For modern art, if materials such as photos, fonts, graphics, etc. are used, the original materials can help prove the author's rights.
2. Legal publications
Currently can contain Publications of pictures include not only traditional publications such as newspapers, magazines, and books, but also digital publications such as electronic books, digital newspapers, digital journals, online original literature, online animation, and online games. If the above-mentioned publications publish and use relevant pictures in accordance with the law, they can be used as evidence to prove the author's copyright.
3. Copyright registration certificate
Copyright registration certificate, It refers to a certificate that is issued by the national copyright administration department after the picture author applies to the national copyright administration department in accordance with the provisions of the law and publishes the work and its rights in the register. It has high legal effect.
However, it should be noted that in our country, copyright is automatically generated. Once the work is completed, regardless of whether it is published or not, the author enjoys copyright according to law, so copyright registration The certificate is only a kind of evidence that can prove the copyright, and is not a condition for the creation of copyright.
Currently, copyright registration can also be carried out online. More authoritative official copyright registration websites such as the China Copyright Protection Center website (http://www, ccopyright, com, cn/cpcc/index, jsp).
4. Certificate issued by the certification agency
In the pictureIn the field of certification, the certificates issued by certification agencies are mainly divided into two types: work notarization certificates and work registration certificates. For both types of certificates, a notary public or other third-party organization certifies the author's identity, completion time, and content of the work, forming an objective, complete, and fair certificate. The legal effect of this certificate is second only to the copyright registration certificate.
1. Notarial certificate
With the popularity of the Internet, many authors will After completion, upload and share in time. In order to prove their rights, the author can apply for notarization from the local notary office and prepare an objective and complete notarization certificate to prove the fact when and where his work was published.
2. Work registration certificate
Generate an electronic certificate with a unique number for the work , prove the copyright you enjoy according to law.
5. Contract to obtain rights
Related to pictures Rights contracts generally include copyright transfer contracts, copyright licensing contracts, copyright authorization letters and other documents. Other relevant contracts are mainly as follows:
1. If the picture is commissioned to be created by others, the relevant evidence can be a commissioned photography contract, commissioned design contract, etc.
2. If the picture is created by an employee of the unit to complete the unit's tasks, the relevant evidence can be the unit's mission statement, the unit's material capital investment voucher, the author's and Unit agreements (such as labor contracts with intellectual property rights, etc.), etc.
3. If the picture is created in collaboration with others, the relevant evidence can be an agreement on collaborative creation, etc.
4. If the image copyright is inherited or donated, the relevant evidence can be a will, a legacy agreement, a gift contract, etc.
6. Other evidence of copyright
Other evidence that can prove the picture Evidence of the author's rights includes court judgments and arbitration awards confirming the author's rights, links and web pages where the work was published earlier, image files without watermarks, etc. However, the former is only as effective as the copyright registration certificate, while the latter two are relatively less effective. Low.
ThisIn addition, it should be noted that if the image source file is in an electronic format and the author only provides a screenshot of the source file's attributes without providing the source file, the evidence provided may not be confirmed because the electronic file data is easily modified. , thus insufficient as evidence.
The above content is the relevant answer. Normally, if we want to register copyright, there will be a copyright registration certificate at this time. If he can infringe Our rights, we can bring the copyright registration certificate and other relevant materials to litigate in the People's Court. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
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