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 is generated and “fixed in any tangible place”, in order for the owner within 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 been recently infringed upon by a third party. One should seek legal advice before applying for registering a copyrighted Work, as it should be determined whether the Tasks are copyrightable, i.e. the type of Work for which a registration can be received. Simply applying to register a copyright does not necessarily signify that the work in question for you 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 for this 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 more than one authors who does not work for hire,” the term stands for 70 years pursuing 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 people 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 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 produced for hire” is one prepared by a staff within the scope of his or her employment also known as work specially ordered or commissioned particular types of use use such for a contribution to a collective work, a necessary part of a video or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text should the parties agree written down instrument that job will be considered a work meant for 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 via 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 legal assistance first that specializes of this type. A number Benefits of Copyright Registration in India 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 virtually any infringement.

This article is intended for informational purposes only. It can not be construed as legal advice and readers are inspired to consult a qualified attorney regarding these matters.