The process and legal basis of copyright registration

Mondo Social Updated on 2024-01-28

Copyright refers to the exclusive rights enjoyed by authors of literary, artistic, and scientific works over their works. Copyright registration refers to the act of the author or copyright owner submitting an application to the copyright administration department, which will register it in accordance with the provisions of the Copyright Law.

The process of copyright registration mainly includes the following steps:

1.Fill out the application form

Applicants first need to log in to the official ** of the China Copyright Protection Center and fill in the copyright registration application form. When filling out the application form, applicants will need to provide the following information:

Title of the work. Author of the work.

The time when the work was created.

Type of work. The content of the work.

The licensing status of the work.

2.Print the application form

*After filling out the application form, the applicant needs to print the application form and sign and seal it.

3.Pay the application fee

The application fee for copyright registration varies depending on the type of work and the number of applications. Applicants can check the specific application fee standard through the official ** of the China Copyright Protection Center.

4.Submit application materials

Applicants are required to submit the application form, proof of payment of the application fee, the original or copy of the work (electronic works can be provided as electronic files) and other materials to the China Copyright Protection Center.

5.Review

The China Copyright Protection Center will review the application materials, and if the registration conditions are met, they will be registered.

6.Issuance of registration certificates

The China Copyright Protection Center will issue a copyright registration certificate to the applicant after the examination is passed.

The processing time for copyright registration is generally 30 working days.

Copyright registration has the following functions:

Proof of the author of the work and the time of its creationCopyright registration can prove the author and time of creation, which is conducive to safeguarding the rights and interests of the copyright owner.

It can be used as evidence in a copyright infringement lawsuitCopyright registration can be used as evidence in copyright infringement lawsuits, which is conducive to the protection of copyright owners' rights.

It can be used as the basis for copyright transfer, licensing, and other transactionsCopyright registration can be used as the basis for copyright transfer, licensing and other transactions, which is conducive to clarifying the rights and obligations of both parties to the transaction.

Legal basis

Article 16 of the Copyright Law of the People's Republic of China stipulates that "copyright arises from the date of completion of the creation of a work. Without the permission of the copyright owner, no one may copy, distribute, perform, screen, broadcast, publish, translate, adapt, make audio or video recordings, etc. However, unless otherwise provided by law. ”

Article 14 of the Regulations for the Implementation of the Copyright Law stipulates that: "Copyright registration refers to the act of the copyright owner or the person designated by him registering the relevant information of the work with the National Copyright Administration, and the National Copyright Administration shall make a public announcement. ”

Conclusion

Although copyright registration is not a necessary condition for obtaining copyright, it has an important probative effect. For creators, copyright registration is an important means of protecting their rights, which can help safeguard the legitimate rights and interests of copyright owners.

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