Fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from whenever that the Work is created and “fixed in any tangible place”, in order for the owner for this copyright to receive greater rights and increase or perhaps 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 been recently infringed upon by a third party. One should seek legal advice before trying to obtain registering a copyrighted Work, as it should be determined whether the Effort is copyrightable, i.e. the associated with Work for which a registration can be purchased. 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 perform 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 for this time it is created, usually for the author’s life plus 70 years as soon as the author’s death. For “a joint work prepared by more than one authors who would not work for hire,” the term is actually for 70 years to learn 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 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 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 made for hire” is one prepared by a member of staff within the scope of his or her employment as well as a work specially ordered or commissioned particular types of use use such as the contribution to a collective work, an aspect of a film or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text in the event the parties agree in making instrument that the work will be considered a work meant for hire.

The copyright term for works made 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 all areas of Story Copyright Registration in India and Intellectual Property Law, it is best to consult with an attorney at law 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 involving scholarship can be essential from the event a work is created all the way through the enforcement or recovery any sort of infringement.

This article is intended for informational purposes only. It should never be construed as legal advice and readers are asked to consult a qualified attorney regarding these things.