How to apply for copyright registration of literary works
Every author or citizen who enjoys copyright , legal persons, etc. can apply for copyright registration of literary works. Applicants can go directly to the China Copyright Protection Center or apply through an agency. Prepare the materials required for registration: registration application form, work registration form, rights guarantee letter, and attach the original and copy of the work, instructions (explaining the creative concept, main features and content of the work, etc.), and a copy of the applicant's ID card.
Conditions for copyright registration of text works
Text work copyright registration requires the following:
1. Originality: work Only original works can be protected by copyright law if they are created by the author through independent conception and creative inspiration.
2. Reproducibility: refers to the ability to make a copy of the work through printing, rubbing, audio recording, video recording, photocopying, copying, reverse shooting, reproducing, etc. or multiple copies, but no matter what method of copying is used and how many copies of the work are made, the content and ideas of the work will not be changed.
3. Legality: The work itself should be expressed in an objective form permitted by law. Citizens engaged in the creation of literary, artistic and scientific works should not violate social public interest and in compliance with the provisions of the law.
Is the title of a text work protected by copyright?
Text work The name should belong to the title of the work. The title of the work is not limited to the title of the text work, but also involves the title of various works such as musical works and art works. Whether the title of a work can become the object of copyright has not yet been determined worldwide.Uniform regulations. Some countries protect it through copyright, some countries use other methods to protect it, and some countries do not protect it.
In countries that grant copyright protection to the titles of works, not all titles of works are protected by copyright. Instead, the titles of works are subject to copyright law or Protection is provided by the Anti-Unfair Competition Law. For example, Article 5 of the French Copyright Law of 1957 stipulates that the title of an intellectual work, as long as it is original, is protected by this law like the work. Even after the expiration of the protection period of the work, no one may use the title in his own name on similar works under circumstances likely to cause confusion. For titles that are not original, the Anti-Unfair Competition Law applies. A question is raised here: when granting copyright protection to the title of a work, how to define the originality of the title.
my country's Copyright Law does not clearly stipulate whether a title can be protected by Copyright Law as a separate work. In view of foreign practical experience, if copyright protection is only granted to original titles, the boundaries of originality must be drawn in judicial trials, which will undoubtedly bring great difficulties to judicial trials. Therefore, we believe that the title of a work should be protected by the Anti-Unfair Competition Law rather than by the Copyright Law. In this way, regardless of whether the title is original or not, as long as it is used by others for commercial purposes, it is possible to seek legal aid.
According to the above introduction, applicants must first determine whether they meet the conditions for copyright registration of literary works. If they meet the conditions, they need to prepare various materials when applying. , please refer to the above introduction for specific content. If you encounter any more complex legal issues, our Legal Savior Network will provide you with legal consulting services. Welcome to consult.
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