Essentials 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 for this 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 of damages if the copyright has been infringed upon by another party. One should seek legal advice before looking for registering a copyrighted Work, as it should be determined whether the Job is copyrightable, i.e. the type of Work for which a registration can be received. Simply applying to register a copyright does not necessarily mean that the work in real question is copyrightable.

The duration of copyrights varies from what type of labor is in question as well as when it is created or registered. A piece that was created on or after January 1, 1978 is protected for 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 some authors who would not work for hire,” the term is for 70 years to learn 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 actual word of copyright due to 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 produced for hire” is one prepared by the employee within the scope of his or her employment as well as a work specially ordered or commissioned for several types of use use such for a contribution to a collective work, an element of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text if for example the parties agree documented instrument that the work will be considered a work designed Online Application for Copyright Registration in India 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 other areas of Copyright and Intellectual Property Law, it is better to consult with a legal professional that specializes here. 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 need not be construed as legal advice and readers are motivated to consult a qualified attorney regarding these tips.