The current copyright law adopts the principles of creative protection. The author have the copyright when the creation is completed. To apply for work registration as a right acquisition requirement is unnecessary. However, the copyright owner should burden of proof in case of copyright infringement. The following matters must be proved in the lawsuit:
Proof of author
Documents and drafts during the creation, providing the proof of ability and time used to complete the creation.
Proof of completion time
According to the supreme court judgement violating copyright requires both of the following. 1. contact. 2. similarity. Therefore, being able to provide statement of the time period of completion prior to the opposite party may proof that it is not a violation of copyright due to contact.
If the two parties have not had any contact in the past, it will be more difficult to prove at this time. Therefore, in practice, the possibility of high contact will be inferred through the number of publications, channels, time, popularity, etc.
Proof of independent creation, not plagiarism
The copyright law focuses on the independent creation of the author. If the creation can be proved to be a independently creation, that is protected by copyright law. If the person alleged to have infringed who can't prove that it is "independent creation", that possibility of high contact will be inferred. However, the above proof may be lost over time when infringement occurs. So copyright registration also can be used as the way to protect your copyright.
What documents should be prepared for copyright registration
GOLD KEEN will provide the notices form. The customer should stamp and sign with black pens according to the notices.
Copyright Registration in China
1. One application for copyright registration of creation (provided by the Gold Keen);
2. One copy of the front and back of the applicant's identity card; one copy of the company change registration form;
3. Two copies of the creation sample (color printing);
4. Creation Instructions (provided by the Gold Keen and the content must be provided by the client) one copy;
5. One power of attorney.
6. Others: If it's a collaborative creation, a "cooperation agreement" must be provided; if it's a commissioned creation, a "commission agreement" must be provided.
Copyright Registration in Taiwan
1. Application for copyright registration (provided by Gold Keen);
2. Power of attorney for copyright registration;
3. One copy of the front and back of the applicant's identity card; one copy of the company change registration form;
4. Two copies of the creation sample (color printing);
5. Others: If it's a collaborative creation, a "cooperation agreement" must be provided; if it's a commissioned creation, a "commission agreement" must be provided.
Application registration time and duration
2. The copyright registration of the Taiwan Academy of Economic Research Institute takes about 14 working days since the receipt of the paper document.
3. Duration of the copyright property rights:
a. Pinciples: general works, computer program works: Natural person lifetime and 50 years after death.
b. Exceptions: photographic works, audiovisual works, audio recording works: 50 years after public publication.
c. When the copyright owner is a legal person, 50 years from the date of publication. But the international trend tends to extend to 70 years.
＊Copyright is only reserved for natural persons, and it will survive until the natural person dies. This right shall not be transferred or inherited.
