Fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from and once 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 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 has been infringed upon by an outside party. One should seek legal advice before trying to get 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 obtained. 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 function is or registered. A piece that was created on or after January 1, 1978 is protected for the time it is created, usually for your author’s life plus 70 years system author’s death. For “a joint work prepared by some authors who would not work for hire,” the term is for 70 years marriage ceremony death of last surviving author.

The copyright term for works created and published or registered before January 1, 1978 may be the same as for those 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, if there was 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 an employee within the scope of his or her employment also known as work specially ordered or commissioned a number of types of use use such as the contribution to a collective work, a necessary part of a movie or other audiovisual work, a translation, a supplementary work, a compilation as well as instructional text in the event the parties agree in making instrument that perform 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 at a date of publication or 120 years from the date of creation, whichever is shorter.

As with every area of Copyright Online Registration in India and Intellectual Property Law, it is best to consult with an attorney 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 level of scholarship can be essential from the minute a work is reached all the way through the enforcement or recovery virtually 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 matters.