The fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from and once that the Work is done and “fixed in any tangible place”, in order for the owner from the copyright to receive greater rights and increase their own her ability to protect those rights the Work should be registered.

The United States Copyright Office is a division of the United States Department of Commerce. Registering with this office will greatly enhance the copyright owner’s ability to seek various types of damages if the copyright has been infringed upon by a third party. One should seek legal advice before trying to obtain registering a copyrighted Work, as it should be determined whether the Job is copyrightable, i.e. the type of Work Procedure for Registration of Copyright in India Online which a registration can be obtained. Simply applying to register a copyright does not necessarily mean that the work in question is copyrightable.

The duration of copyrights varies from what type operate is in question as well as when it is created or registered. A piece that was created on or after January 1, 1978 is protected for this time it is created, usually for that author’s life plus 70 years as soon as the author’s death. For “a joint work prepared by 2 or more authors who did not work for hire,” the term is actually for 70 years since the death of last surviving author.

The copyright term for works created and published or registered before January 1, 1978 may be the same as for the people created on or after January 1, 1978, namely, life of the author plus 70 years. The 95/120-year terms for works for hire apply to pre January 1, 1978 to these works also. However, the phrase of copyright of these works cannot expire before December 31, 2002. For works published on or before December 31, 2002, the term will not expire before December 31, 2047.

A “work planned for hire” is one prepared by a member of staff within the scope of his or her employment probably a work specially ordered or commissioned a number of types of use use such as the contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation or even an instructional text in the event the parties agree written instrument that activity will be considered a work since then hire.

The copyright term for works made for hire and anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records) is either 95 years at a date of publication or 120 years from the date of creation, whichever is shorter.

As with all areas of Copyright and Intellectual Property Law, it is far better consult with a legal professional that specializes in this area. A number of law schools offer what is because a Masters of Intellectual Property degree and the advice of an attorney with this involving scholarship can be essential from the minute a work is created all the way through the enforcement or recovery any specific infringement.

This article is intended for informational purposes only. It should not be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these matters.