Fundamentals 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 generated and “fixed in any tangible place”, in order for the owner of the 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 is infringed upon by another party. One should seek legal advice before trying to get registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the form of Work for which a registration can be consumed. Simply applying to register a copyright does not necessarily mean the work in question is copyrightable.

The duration of copyrights varies from what type do the job is in question as well as when it function is 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 as soon as the author’s death. For “a joint work prepared by 2 or more authors who did not work for hire,” the term is actually for 70 years since the death of last surviving author.

The copyright term for works created and published or registered before January 1, 1978 is the same as for any 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 phrase of copyright of 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 meant for hire” is one prepared by a member of staff within the scope of his or her employment also known as work specially ordered or commissioned particular types of use use such as a contribution to a collective work, a part of a video or other audiovisual work, a translation, a supplementary work, a compilation or perhaps an instructional text if the parties agree documented instrument that job will be considered a work made 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 at a date of publication or 120 years from the date of creation, whichever is shorter.

As with other areas of online copyright Registration Process in India and Intellectual Property Law, it is advisable to consult with a legal professional that specializes here. A number of law schools offer what is because a Masters of Intellectual Property degree and the advice of an attorney with this regarding scholarship can be essential from after a work is actually created all the way through the enforcement or recovery just about any infringement.

This article is intended for informational purposes only. It can’t be construed as legal advice and readers are motivated to consult a qualified attorney regarding these things.