The fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from whenever 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 or perhaps 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 been recently infringed upon by an outside party. One should seek legal advice before trying to get registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the form of Work for which a registration can be received. Simply applying to register a copyright does not necessarily signify that the work in question for you is copyrightable.

The duration of copyrights varies from what type do the job is in question as well as when it was made or registered. A piece that was created on or after January 1, 1978 is protected via time it is created, usually for that author’s life plus 70 years when the author’s death. For “a joint work prepared by a couple of authors who don’t work for hire,” the term created for 70 years after the death of last surviving author.

The copyright term for works created and published or registered before January 1, 1978 could be the same as for the people created on or after January 1, 1978, namely, lifetime 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 actual word of copyright because of 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 made for hire” is one prepared by an employee within the scope of his or her employment as well as a work specially ordered or commissioned particular types of use use such as a contribution to a collective work, an element of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation and even instructional text if your parties agree in making instrument that activity will be considered a work made for hire.

The Online Copyright Registration in India 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 every area of Copyright and Intellectual Property Law, it is better to consult with an attorney at law that specializes in this field. A number of law schools offer what is called a Masters of Intellectual Property degree and the advice of an attorney with this amount of scholarship can be essential from now a work created from all the way through the enforcement or recovery of any infringement.

This article is intended for informational purposes only. It can’t be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these tips.