What is the legal effect of layout copyright registration
1. The legal effect of copyright registration
(1) Simply put, there is no need to register to enjoy copyright. Copyright is valid from the time the work is created. produced. The automatic generation of works makes it convenient for rights holders to exercise and clarify their rights. They do not need to go through approval and registration. They enjoy rights as soon as the creation is completed. This is convenient. However, since there is no certifying thing provided by a third party, to prove rights, especially when rights are questioned or rights are infringed, a third party is still required to provide a type of certifying thing with a proving function.
(2) Although registration is not a condition for the creation of copyright, or a prerequisite for legal protection, it is indeed a preliminary evidence, the so-called preliminary evidence. What is it? This is the case in litigation. Before the other party raises any objection to the copyright ownership, the law can rely on the registration certificate to determine that you have rights. The evidence is very strong.
(3) Types of registration, work registration, all types of works can be registered, and there are currently two levels: one is work registration, and the other is For computer software registration, in most cases, the game engine part is not registered as a cultural work, but is still registered as software. Work registration and software registration are done separately. In addition, work registration is done by the China Copyright Protection Center, entrusted by the National Copyright Administration, and by the registration agencies of the provincial copyright bureaus. Only the China Copyright Protection Center is doing software, and it often does work registration and software registration. should be relatively clear. Transfer registration, transfer registration is also very important. In a sense, transfer registration and exclusive group registration are more important than work registration, because the owner of its rights has changed. If your work is created by you, you can do it at any time. Track the work and understand the status of the work at any time. If you assert your rights, if the work is transferred and the new person gets the work without any documentation, it is just an agreement between the two parties. The authenticity and rights of the rights are known to the outside world. The recognition is relatively weak. In a sense, transfer registration is more important.
(4) The effectiveness of registration. The registered transfer behavior, including special authorization behavior, should be the most effective against third parties. Once multiple authorizations or multiple transfers occur, determine which transfer, Which exclusive authorization is valid is indeed a difficult problem, and it is very difficult for the court. From a legal point of view, all contracts are legal, and there can only be one right owner. Which one is determined to be valid? It cannot be considered valid at the same time, so registration as a valid condition will have a strong effect. The same is true for exclusive authorization.
2. Copyright registration
(1) Copyright registration classification
Depending on whether registration is voluntary , copyright registration can be divided into compulsory registration and voluntary registration. Any registration that the law requires parties to register in order to obtain rights is compulsory registration. In countries that adopt the registration doctrine, the creation of copyright is conditioned on compulsory registration; At the same time, in any country that adopts automatic protectionism, the law sometimes requires registration when the copyright is pledged. If there is no legal requirement, you can obtain it by registration.
Rights, and the registration that the parties voluntarily request is voluntary registration. For example, some countries that adopt automatic protectionism stipulate that copyright owners can voluntarily register copyright.
Depending on the nature of the registered rights, copyright registration can also be divided into registration, registration of changes in rights (including registration of setting up other rights) and cancellation registration. Registration is mainly applicable to the acquisition of copyright, and registration of changes in rights occurs when the copyright is formed. Later, deregistration occurs when the copyright or a certain right in the copyright disappears.
(2) Materials required for copyright registration of general works
1. Application form. Contents include: title of work; Category, signature, date of completion, whether published, date and place of first release; form of completion of the work (solo, collaboration, commission, position, other); status of the author, status of other copyright holders.
2. Proof of identity of the applicant (individual applicants should provide a copy of their ID card, unit applicants should provide a copy of their business license, and creative staff should provide a copy of their ID card).
3. Provide work samples (for text works, provide creative drafts; for art and photography works, provide 2 locm×12cm photos; for engineering product design drawings, provide three views, renderings or physical objects Photos; film and television works provide VCD, etc.).
4. Creative description of the work.
5. Depending on the actual situation, choose to submit a collaborative work with a letter of authorization from the co-author, a commissioned work with a commission contract or an exclusive rights license contract.
(3) Copyright voluntary registration system
Copyright is subject to voluntary registration, regardless of whether the work is registered or not , the copyrights obtained by the author or other copyright holders in accordance with the law will not be affected. The purpose of my country's voluntary registration system for works is to protect the legitimate rights and interests of authors or other copyright owners and users of works, to help resolve copyright disputes caused by copyright ownership, and to provide preliminary evidence for the resolution of copyright disputes.
The above content is the relevant answer. If you have a copyright, you do not need to register it. You can also register it yourself, but it is not legally binding. The above is similar. If you are transferring, then registering will be the most effective way to fight against third parties. If you have other legal issues, you can consult the relevant lawyers on the Legal Savior Network.
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