The fundamentals of Copyrights – Registration and Duration

The fundamentals 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 created from 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 of damages if the copyright has been infringed upon by another party. One should seek legal advice before trying to obtain registering a copyrighted Work, as it should be determined whether the Tasks are copyrightable, i.e. the form 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 work is in question as well as when it originated or registered. A work 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 couldn’t 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 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, phrase 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 made for hire” is one prepared by the employee within the scope of his or her employment probably a work specially ordered or commissioned for certain types of use use such being a contribution to a collective work, an aspect of a movie or other audiovisual work, a translation, a supplementary work, a compilation as well as instructional text if for example the parties agree documented instrument that activity will be considered a work made for 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 at a date of publication or 120 years from the date of creation, whichever is shorter.

As with every area Cost of Copyright Registration in India Online Copyright and Intellectual Property Law, it is best to consult with an attorney at law that specializes in this area. A number of law schools offer what is called a Masters of Intellectual Property degree and the advice of an attorney with this associated with scholarship can be essential from the event a work created from all the way through the enforcement or recovery any sort of infringement.

This article is intended for informational purposes only. It need not be construed as legal advice and readers are asked to consult a qualified attorney regarding these things.