Home » The fundamentals of Copyrights – Registration and Duration

The fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from the instant that the Work is generated and “fixed in any tangible place”, in order for the owner within the copyright to receive greater rights and increase his or her 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 an outside party. One should seek legal advice before applying for registering a copyrighted Work, as it should be determined whether the Job is copyrightable, i.e. the type of Work for which a registration can be ordered. Simply applying to register a copyright does not necessarily suggest that the work in question for you is copyrightable.

The duration of copyrights varies from what type of labor is in question as well as when it function is or registered. A piece 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 some authors who don’t work for hire,” the term stands for 70 years to learn 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 any 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 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 planned 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 to be a contribution to a collective work, an element of a movie or other audiovisual work, a translation, a supplementary work, a compilation and even instructional text in the event the parties agree written down 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 from the date of publication or 120 years from the date of creation, whichever is shorter.

As with other areas of Sound Recording Copyright Registration in India and Intellectual Property Law, it is best to consult with legal assistance first that specializes here. A number of law schools offer what is known as a Masters of Intellectual Property degree and the advice of an attorney with this amount of scholarship can be essential from the moment a work is reached all the way through the enforcement or recovery any sort of infringement.

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