What are the ways of obtaining copyright? What are the main circumstances of the acquisition of copyright- Trademark of snakehead fish
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What are the ways of obtaining copyright? What are the main circumstances of the acquisition of copyright?

Publishing website: Published on: February 15, 2023 14:57:57
What are the application standards for font copyright

To apply for font copyright, you need to submit an application form, proof of the identity of the applicant, application for voluntary registration of works, font samples, etc. The application form needs to include the completion date of the font, whether it has been published, whether the subject completed it alone or in partnership, etc.

There are generally two standards.

One standard is that as long as a specific thought or emotion is given a certain literary and artistic form, this form, whether the whole or part of the work, and whether the work has been fixed in a certain material form, can be considered as a protected work according to law.

The other standard is that, in addition to the general condition of being a work, that is, a form of literature and art, this form is also required to be fixed through a material carrier before it can be protected by copyright law.

The formal condition refers to whether the copyright can be enjoyed without additional conditions after the work is completed, or whether certain conditions can be attached or certain legal procedures can be performed to obtain the copyright.

At present, there are mainly three approaches: the first approach is to automatically obtain copyright based on the production of works. The second approach is that in addition to the creation of works, they must also go through the registration procedures to obtain copyright. The third approach is to note the copyright mark as the condition for obtaining the copyright, and there is no need to go through other procedures.

What are the ways of obtaining copyright:

1. Original acquisition

The so-called original acquisition means that the acquisition of rights is not based on the existing rights of others, but on the initial acquisition of rights. The copyright obtained through the original acquisition is a complete copyright, including the right of personality and the right of property. The original acquisition of copyright mainly includes the following specific circumstances:

(1) Natural persons acquire copyright due to their creative acts.

(2) Legal persons and other organizations acquire copyright due to legal provisions. As far as legal persons and other organizations are concerned, they can obtain copyright in accordance with the direct provisions of the law when they host creative activities that reflect their will.

(3) Natural persons or legal persons and other organizations acquire copyright due to legal presumption. When there is a dispute about whether a natural person has performed a creative act, or whether a legal person or any other organization meets the conditions for being regarded as an author as stipulated by law, the law directly determines that the natural person or legal person or any other organization that has signed on the work is the author without sufficient evidence to deny that the natural person or legal person or any other organization that has signed on the work is the author.

2. Successive acquisition

The so-called succession acquisition means that the acquisition of rights is a derivative acquisition of rights based on the existing rights of others. The copyright acquired through succession is a partial copyright, that is, it only involves the property rights in the copyright, unless otherwise specified by law. Successive acquisition of copyright mainly includes the following specific circumstances:

(1) Obtained by agreement.

(2) Acquired by inheritance.

(3) Obtained by law.

Copyright belongs to one of the patent rights. The state protects the successfully registered copyright according to law, but this protection has a time limit just like patent rights. If the relevant time limit is exceeded, then the copyright will no longer have legal effect. At this time, it is necessary to pay attention to the relevant time regulations in a timely manner.

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