The basics 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 created from and “fixed in any tangible place”, in order for the owner of the copyright to receive greater rights and increase his or her 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 may be infringed upon by an outside party. One should seek legal advice before trying to obtain registering a copyrighted Work, as it should be determined whether the Efforts are copyrightable, i.e. the type of Work for which a registration can be ordered. Simply applying to register a copyright does not necessarily mean that the work in question for you is copyrightable.

The duration of copyrights varies from what type of work 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 the author’s life plus 70 years following an author’s death. Procedure for Registration of Copyright in India Online “a joint work prepared by some authors who don’t work for hire,” the term is 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 those 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 term 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 planned for hire” is one prepared by a staff within the scope of his or her employment or perhaps work specially ordered or commissioned a number of types of use use such as a contribution to a collective work, a facet of a film or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text if your parties agree in making instrument that activity will be considered a work designed for hire.

The copyright 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 off the date of publication or 120 years from the date of creation, whichever is shorter.

As with other areas of Copyright and Intellectual Property Law, it is advisable to consult with your lawyer that specializes of this type. A number of law schools offer what is known as a Masters of Intellectual Property degree and the advice of an attorney with this associated with scholarship can be essential from the event a work created from all the way through the enforcement or recovery any specific infringement.

This article designed for informational purposes only. It should not be construed as legal advice and readers are motivated to consult a qualified attorney regarding these things.