The 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 created from and “fixed in any tangible place”, in order for the owner of this Online Copyright Application in India to receive greater rights and increase his or 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 looking for registering a copyrighted Work, as it should be determined whether the Job is copyrightable, i.e. the kind of Work for which a registration can be obtained. 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 work 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 from the time it is created, usually for that author’s life plus 70 years when the author’s death. For “a joint work prepared by a couple of authors who does not work for hire,” the term great 70 years after 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 the people 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 actual word of copyright for 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 a staff within the scope of his or her employment probably a work specially ordered or commissioned particular types of use use such for a contribution to a collective work, a facet of a video or other audiovisual work, a translation, a supplementary work, a compilation as well as instructional text should the parties agree in making instrument that activity will be considered a work since then 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 off 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 your lawyer that specializes in this field. A number of law schools offer what is because a Masters of Intellectual Property degree and the advice of an attorney with this involving scholarship can be essential from the minute a work fabricated from all the way through the enforcement or recovery of any infringement.

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