Skip to content

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 generated and "fixed in any tangible place", in order for the owner for 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 online copyright Registration Process in India owner's ability to seek various types of damages if the copyright been recently infringed upon by the outside party. One should seek legal advice before applying for registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the type of Work for which a registration can be obtained. Simply applying to register a copyright does not necessarily imply the work in question is copyrightable.

The duration of copyrights varies from what type do the job is in question as well as when it was made or registered. A work that was created on or after January 1, 1978 is protected for the time it is created, usually for the author's life plus 70 years following an author's death. For "a joint work prepared by 2 or more authors who couldn't 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 is the same as for all those 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 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 a staff within the scope of his or her employment probably a work specially ordered or commissioned particular types of use use such for a contribution to a collective work, a part of a film or other audiovisual work, a translation, a supplementary work, a compilation and even instructional text if your parties agree documented instrument that function will be considered a work constantly 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 far better consult with a legal professional that specializes of this type. 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 now a work is reached all the way through the enforcement or recovery just about any infringement.

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