The basics 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 of the copyright to receive greater rights and increase their 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 Benefits of Copyright Registration in India damages if the copyright has been infringed upon by an out of doors party. One should seek legal advice before trying to get registering a copyrighted Work, as it should be determined whether the Effort is copyrightable, i.e. the form of Work for which a registration can be ordered. Simply applying to register a copyright does not necessarily signify that the work in question is copyrightable.

The duration of copyrights varies from what type of labor is in question as well as when it originated or registered. A piece that was created on or after January 1, 1978 is protected from the time it is created, usually for that author’s life plus 70 years following an 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 pursuing 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, 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 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 a member of staff within the scope of his or her employment probably a work specially ordered or commissioned particular types of use use such to be a contribution to a collective work, a part of a movie or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text if your parties agree in making instrument that job 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 from the 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 best to consult with an attorney at law that specializes in this field. A number of law schools offer what is in order to 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 fabricated 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 asked to consult a qualified attorney regarding these matters.