Fundamentals 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 generated and “fixed in any tangible place”, in order for the owner of 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 has been infringed upon by a third party. One should seek legal advice before getting registering a copyrighted Work, as it should be determined whether the Efforts are copyrightable, i.e. the associated with Work for which a registration can be received. Simply applying to register a copyright does not necessarily imply the work in question is copyrightable.

The duration of copyrights varies from what type of work is in question as well as when it originated or registered. A piece that was created on or after January 1, 1978 is protected out of your time it is created, usually for your author’s life plus 70 years after the author’s death. For “a joint work prepared by 2 or more authors who don’t work for hire,” the term created for 70 years pursuing the death of last surviving author.

The Online Copyright Registration in India term for works created and published or registered before January 1, 1978 may 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 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 planned for hire” is one prepared by an employee within the scope of his or her employment as well as a work specially ordered or commissioned for certain types of use use such to be a contribution to a collective work, a facet of a movie or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text should the parties agree written instrument that activity will be considered a work constantly hire.

The copyright term for works made for hire and anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records) is either 95 years at a 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 far better consult with an attorney 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 amount of scholarship can be essential from after a work created from all the way through the enforcement or recovery just about any infringement.

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