Essentials of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from the instant that the Work is done and “fixed in any tangible place”, in order for the owner of this 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 has been infringed upon by an outside party. One should seek legal advice before getting registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the associated with Work for which a registration can be ordered. Simply applying to register a copyright does not necessarily imply the work in real question is copyrightable.

The duration of copyrights varies from what type of labor 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 from the time it is created, usually for your author’s life plus 70 years after the author’s death. For “a joint work prepared by some authors who couldn’t work for hire,” the term is for 70 years since 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 those 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 term of copyright for 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 made for hire” is one prepared by the employee within the scope of his or her employment as well as a work specially ordered or commissioned particular types of use use such for a contribution to a collective work, a facet of a flick or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text if for example the parties agree in making instrument that perform will be considered a work made for hire.

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

As with all areas Benefits of Copyright Registration in India Copyright and Intellectual Property Law, it is preferable to consult with your lawyer that specializes in this area. A number of law schools offer what is in order to a Masters of Intellectual Property degree and the advice of an attorney with this regarding scholarship can be essential from the minute a work fabricated from all the way through the enforcement or recovery any sort of infringement.

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