Copyright registration knowledge
1).What is copyright registration?
Copyright registration is divided into computer software registration and work registration.
Computer software indicates the computer program and its relevant
files. Computer program is the coding instruction sequence with some
functions or the symbolic statement sequence. Files are the literal data
and chart that describe the content, constituent, design, functional
specification, development, test results and application method of the
program, including program design instruction, flow chart, user manual,
Works indicate the intellectual
achievements with originality that can be copied in some tangible forms
in literature, art and science fields.
According to Article 3 of Copyright Law of PRC, all kinds of works can be applied for registration, including written works, oral works, music, drama, Chinese opera, dance, acrobatics, fine arts, architecture works, photography works, movie works and the works with similar shooting methods, engineering design drawings, product design drawings, maps, schematic diagrams and other graphic and model works, computer software and other works specified in laws and administrative regulations.
2). What are the institutions and time limits of copyright registration?
Copyright Protection Center of China is the only software registration agency authorized by National Copyright Administration. The center will handle the procedure within 30 working days after receiving the registration application. The applicant shall supplement and correct the materials (if any) within 2 months after receiving the Notice for Supplementary and Correction, and the center will handle the procedure within 30 working days after receiving the supplementary and corrected materials. Urgent services for 3, 5, 10, 15 and 20 working days are provided, but additional fees shall be paid accordingly.
3). How much does copyright registration cost?
The official fee for computer software registration is $31/pcs, and our agency fee is $90/pcs.
The fees are varied with the types of works from $15/pcs to $300/pcs (official fees).
4). What documents are required for computer software registration?
I. Identification materials of software program (source program) (electronic form)
1. The first 30 successive pages and the last 30 successive pages of the source program shall be provided. The entire source program, if less than 60 pages, shall be provided.
2. Note: The name of designer shall not be marked on the source program, and the relevant date must be prior to the completion date. The software name, version number and page number shall be marked on the page header).
(Page layout: A4 paper, with 50-60 lines in each page and the page number on the top right corner when printing)
II. Identification materials for software documents (electronic form)
1. Any one kind of document shall be selected, including user manual, operation guidance and operation instruction.
2. The first 30 successive pages and the last 30 successive pages of the selected document above shall be provided. The entire document, if less than 60 pages, shall be provided. (Page layout: 30-40 lines in each page, with software name, version number and page number marked on the page header).
(1). The name of designer shall not be marked on the source program, and the relevant date must be prior to the completion date.
(2). The software name on the page header of copied picture frame or table (if any) of document description shall be consistent with that on application form.
III. Application form (The applicant provides relevant information, we submit it to the customer for confirmation, and officially submit afterwards.)
IV. Other documents
(1). One copy of business license with the official seal if the applicant is an organization.
(2). Version declaration (required when the version number is more than 1.0). We will provide the applicant the text to stamp or sign.
5).Can companies in overseas countries register in China?
Can the registration be applied in own name? Can companies in overseas countries register in China?
Only the copyright owner and the natural person that independently develops the software based on his/her conditions and bears responsibilities herein can apply for registration.
The companies can be registered according to Measures for the Registration of Computer Software Copyright, but their identification documents submitted shall be authenticated by Chinese Embassy in local. In addition, all documents written in foreign languages shall be translated by translation company with the official seal.
6).What documents are required in work registration?
(1) Application form for work copyright completed based on requirements;
(2). Identification document of applicant;
(3). Certificate of attribution of right;
(4). Sample of work (both written form and electronic form are allowed);
(5). Instruction of work (including purpose, process and originality with the signature of author);
(6). Power of attorney
7).How long is the protection period of software copyright?
The software copyright of natural person will be protected all
his/her life and within 50 years after his/her death. The software is
jointly developed, so its protection period will be expired on Dec. 31
of the 50th year after the death of the last natural person.
The software copyright of legal person or other organizations will be
protected within 50 years after its releasing. However, the software
that has not been released within 50 years after the development will
not be protected.
8).Can games be applied for copyright registration?
The game work composes of game engine and game resource. The game sources include images, sounds and animations. The game engines are program codes, hence their copyright registrations are allowed. However, the animations, videos and images of the game are other works, so software copyright registration is prohibited.
9).What kinds of works cannot be applied for registration?
(1). Works forbidden to be published and publicized by laws;
Laws, regulations, resolutions, decisions and decrees of state
agencies, other legislative,administrative and judicial documents as
well as official translations;
(3). Current news;
(4). Calendar, general numerical table, general table and formula;
(5). Works beyond the protection period.
10).What are the application processes of copyright registration?
We will provide application form, power of attorney, etc. for the
specific software and work material. The applicant shall sign and stamp
on the complete materials, and then we will submit them to Copyright
Protection Center of China.
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