What is the effect of copyright registration
(1) Briefly , there is no need to register to enjoy copyright. Copyright is generated after the creation of the work. 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 the levels are now divided into two categories:
One category is work registration, and the other category is computer software registration. In most cases, the game engine part is not registered as a cultural work, but is 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 the registration agencies of the provincial copyright bureaus. , only the China Copyright Protection Center is making software, and those who often do work registration and software registration should be clear about it.
(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 When there are multiple transfers, it is indeed a difficult problem to determine which transfer and which exclusive license is valid, and it is very difficult for the court. Legally speaking, all contracts are legal, and there can only be one right owner.Which one is considered valid, and both cannot be considered valid at the same time. Therefore, registration will be very effective as a valid condition. The same goes for proprietary licensing.
Copyright registration
(1) Copyright registration classification
Depends on whether the registration is Based on voluntary nature, copyright registration can be divided into compulsory registration and voluntary registration. Where the law requires the parties to register in order to obtain the right to register, it is compulsory registration. In countries that adopt the registration doctrine, the creation of copyright is subject to compulsory registration; at the same time, in countries that adopt the automatic protection doctrine, sometimes the law also requires registration when the copyright is pledged. Where the law does not requireregistration to obtain rights, and the registration voluntarily requested by the parties concerned is voluntary registration. For example, some countries that adopt automatic protectionism stipulate that the copyright owner can Voluntarily apply for copyright registration.
According to the nature of the registered rights, copyright registration can also be divided into registration and registration of changes in rights (including registration of setting up other rights) ) and deregistration. Registration is mainly applicable to the acquisition of copyright. Registration of changes in rights occurs after the copyright is formed, and 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 . The content includes: the title of the work, the category of the work, the signature, the date of completion, whether it was published, the date and place of first release; the form in which the work was completed (single, collaborative, commissioned, job, other); the author's status and other copyright holders' status.
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
4. Creative description of the work.
5. Depending on the actual situation, choose to submit a cooperative work with a letter of authorization from the co-author, a commissioned work with a commission contract or an exclusive rights license contract.
( 3) Voluntary copyright registration system
Copyright is subject to voluntary registration. Regardless of whether the work is registered or not, the copyright obtained by the author or other copyright holders in accordance with the law will not be affected. Our country implements voluntary registration of works. The purpose of the registration system 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.
Hua Lu editor reminds you that copyright registration refers to the act in which the relevant parties to the copyright apply to the registration authority in accordance with the provisions of the law to publish the work and its rights in the registration book. The above is a summary of the relevant matters for you Information, I hope it can help you. This website is committed to building an excellent legal consultation platform. If you still have questions, welcome to consult with a lawyer.