The fundamentals of Copyrights – Registration and Duration

The fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from the moment that the Work is done and “fixed in any tangible place”, in order for the owner of the copyright to receive greater rights and increase his or 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 is infringed upon by the outside party. One should seek legal advice before looking for registering a copyrighted Work, as it should be determined whether the Effort is copyrightable, i.e. the form of Work for which a registration can be obtained. Simply applying to register a copyright does not necessarily imply the work in question for you is copyrightable.

The duration of copyrights varies from what type of labor is in question as well as when it is created or registered. A work 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 system author’s death. For “a joint work prepared by two or more authors who does not work for hire,” the term created for 70 years marriage ceremony death of last surviving author.

The copyright term for works created and published or registered before January 1, 1978 is the same as for any 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 phrase 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 meant 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 for several types of use use such being a contribution to a collective work, a necessary part of a film or other audiovisual work, a translation, a supplementary work, a compilation as well as instructional text if the parties agree in making instrument that function will be considered a work since then hire.

The Online Copyright Registration in India term for works since that time hire and anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records) is either 95 years from the 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 best to consult with legal assistance first 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 level of scholarship can be essential from the event a work created from all the way through the enforcement or recovery any specific infringement.

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