The 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 this 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 Cost of Copyright Registration in India Online damages if the copyright may be infringed upon by the outside party. One should seek legal advice before getting registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the form of Work for which a registration can be purchased. Simply applying to register a copyright does not necessarily imply the work in question is copyrightable.

The duration of copyrights varies from what type of work 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 your author’s life plus 70 years after the author’s death. For “a joint work prepared by more than one authors who did not work for hire,” the term created for 70 years since the death of last surviving author.

The copyright term for works created and published or registered before January 1, 1978 will 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, if there was of copyright of 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 progressed rapidly to meet hire” is one prepared by the employee within the scope of his or her employment probably a work specially ordered or commissioned a number of types of use use such being a contribution to a collective work, a part of a video or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text if for example the parties agree written instrument that activity will be considered a work designed for hire.

The copyright term for works since that time 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 every area of Copyright and Intellectual Property Law, it is preferable to consult with a legal professional that specializes in this area. A number of law schools offer what is because a Masters of Intellectual Property degree and the advice of an attorney with this regarding scholarship can be essential from after a work created from all the way through the enforcement or recovery virtually any 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 things.