The basics 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 created and “fixed in any tangible place”, in order for the owner within 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 has been infringed upon by the outside party. One should seek legal advice before applying for registering a copyrighted Work, as it should be determined whether the Effort is copyrightable, i.e. the type 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 work 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 the time it is created, usually for your author’s life plus 70 years system author’s death. For “a joint work prepared by more than one authors who don’t work for hire,” the term stands 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 all 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 actual word of copyright as a result 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 an employee within the scope of his or her employment or perhaps work specially ordered or commissioned for several types of use use such for a contribution to a collective work, an aspect of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation and even instructional text if your parties agree written down instrument that function will be considered a work since then hire.

The copyright term for works specifically for 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 Benefits of Copyright Registration in India creation, whichever is shorter.

As with all areas of Copyright and Intellectual Property Law, it is advisable to consult with a legal professional that specializes in this area. A number of law schools offer what is called a Masters of Intellectual Property degree and the advice of an attorney with this involving scholarship can be essential from after a work fabricated from all the way through the enforcement or recovery any sort of 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 things.