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 the moment that the Work created and "fixed in any tangible place", in order for the owner of the 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 been recently infringed upon by another party. One should seek legal advice before looking for registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the kind of Work for which a registration can be obtained. Simply applying to register a copyright does not necessarily mean that the work in question for you is copyrightable.

The duration of copyrights varies from what type operate is in question as well as when it function is or registered. A work that was created on or after January 1, 1978 is protected via time it is created, usually for your author's life plus 70 years following an author's death. For "a joint work prepared by more than one authors who don't work for hire," the term is actually for 70 years since the 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 those created on or after January 1, 1978, namely, lifetime of the author plus 70 years. The 95/120-year terms for works Procedure for Registration of Copyright in India Online hire apply to pre January 1, 1978 to these works also. However, the 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 member of staff within the scope of his or her employment as well as a work specially ordered or commissioned a number of types of use use such to be a contribution to a collective work, a part of a video or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text if for example the parties agree in writing instrument that job will be considered a work made 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 from the date of publication or 120 years from the date of creation, whichever is shorter.

As with other areas of Copyright and Intellectual Property Law, it is preferable to consult with a legal professional that specializes in this area. 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 minute a work is actually created all the way through the enforcement or recovery just about any infringement.

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