Essentials 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 created and “fixed in any tangible place”, in order for the owner of the copyright 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 an outside 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 signify that the work in real question is copyrightable.

The duration of copyrights varies from what type perform is in question as well as when it was made or registered. A piece that was created on or after January 1, 1978 is protected via time it is created, usually for that author’s life plus 70 years as soon as the author’s death. For “a joint work prepared by a couple of authors who would not work for hire,” the term is actually for 70 years since the death of last surviving author.

The Brand Copyright Registration in India term for works created and published or registered before January 1, 1978 could be the same as for any 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 term 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 made for hire” is one prepared by the employee within the scope of his or her employment or a work specially ordered or commissioned for certain types of use use such to be a contribution to a collective work, an element of a video or other audiovisual work, a translation, a supplementary work, a compilation or perhaps an instructional text if the parties agree documented instrument that the work will be considered a work made 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 from the date of publication or 120 years from the date of creation, whichever is shorter.

As with all areas of Copyright and Intellectual Property Law, it is preferable to consult with a legal professional that specializes of this type. A number of law schools offer what is because a Masters of Intellectual Property degree and the advice of an attorney with this amount of scholarship can be essential from after a work is created all the way through the enforcement or recovery virtually any infringement.

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