Essentials of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from the event that the Work is created and “fixed in any tangible place”, in order for the owner for this copyright to receive greater rights and increase their own 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 a third party. One should seek legal advice before looking for registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the kind of Work for which a registration can be ordered. Simply applying to register a copyright does not necessarily imply the work in question for you is copyrightable.

The duration Benefits of Copyright Registration in India copyrights varies from what type operate is in question as well as when it originated or registered. A work that was created on or after January 1, 1978 is protected via time it is created, usually for the author’s life plus 70 years following an author’s death. For “a joint work prepared by a couple of authors who would not work for hire,” the term is for 70 years pursuing the death of last surviving author.

The copyright term for works created and published or registered before January 1, 1978 will 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 phrase 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 planned for hire” is one prepared by an employee within the scope of his or her employment or perhaps work specially ordered or commissioned a number of types of use use such as the contribution to a collective work, an aspect of a movie or other audiovisual work, a translation, a supplementary work, a compilation as well as instructional text should the parties agree in writing instrument that the work will be considered a work meant 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 off 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 better to consult with an attorney at law that specializes here. A number of law schools offer what is known as a Masters of Intellectual Property degree and the advice of an attorney with this level of scholarship can be essential from the minute a work created from all the way through the enforcement or recovery any sort of infringement.

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