The basics of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from the event that the Work is created and “fixed in any tangible place”, in order for the owner within the Free Copyright Registration in India Online 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 may be 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 Efforts are copyrightable, i.e. the type of Work for which a registration can be purchased. Simply applying to register a copyright does not necessarily imply 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 was made or registered. A piece 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 after the author’s death. For “a joint work prepared by more than one authors who does not work for hire,” the term stands for 70 years after 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 those 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, the term 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 meant for hire” is one prepared by a staff within the scope of his or her employment or perhaps work specially ordered or commissioned for several types of use use such as the contribution to a collective work, an aspect of a movie or other audiovisual work, a translation, a supplementary work, a compilation or perhaps an instructional text in the event the parties agree in making instrument that job 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 an attorney that specializes of this type. A number of law schools offer what is in order to a Masters of Intellectual Property degree and the advice of an attorney with this amount of scholarship can be essential from the event a work is created all the way through the enforcement or recovery of any infringement.

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