The 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 Online Application for Copyright Registration in India the owner of this copyright to receive greater rights and increase their 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 is infringed upon by another party. One should seek legal advice before applying for registering a copyrighted Work, as it should be determined whether the Efforts are copyrightable, i.e. the form of Work for which a registration can be received. 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 is created or registered. A work that was created on or after January 1, 1978 is protected for this 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 for 70 years marriage ceremony death of last surviving author.

The copyright term for works created and published or registered before January 1, 1978 is the same as for the people created on or after January 1, 1978, namely, life 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 meant for hire” is one prepared by the employee within the scope of his or her employment as well as a work specially ordered or commissioned for certain types of use use such for a contribution to a collective work, a part of a flick or other audiovisual work, a translation, a supplementary work, a compilation or even an instructional text in the event the parties agree in writing instrument that the work will be considered a work designed for hire.

The copyright term for works ready 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 and Intellectual Property Law, it is far better consult with a legal professional that specializes of this type. A number of law schools offer what is known as a Masters of Intellectual Property degree and the advice of an attorney with this regarding scholarship can be essential from the moment a work is actually created all the way through the enforcement or recovery of any infringement.

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