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 created from and “fixed in any tangible place”, in order for the owner within the copyright to receive greater rights and increase their own 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 getting registering a copyrighted Work, as it should be determined whether the Job is copyrightable, i.e. the type of Work Online Application for Copyright Registration in India which a registration can be received. 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 do the job is in question as well as when it was created or registered. A work that was created on or after January 1, 1978 is protected from the time it is created, usually for that author’s life plus 70 years as soon as the author’s death. For “a joint work prepared by two or more authors who does not work for hire,” the term is for 70 years after the death of last surviving author.
The copyright term for works created and published or registered before January 1, 1978 is the same as for 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, if there was of copyright because of 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 made for hire” is one prepared by a member of staff within the scope of his or her employment or a work specially ordered or commissioned for certain 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 or perhaps an instructional text if your parties agree in writing instrument that the work will be considered a work meant for hire.
The copyright term for works specifically for hire and anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records) is either 95 years via the 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 preferable to consult with an attorney at law 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 the minute a work is reached all the way through the enforcement or recovery any specific infringement.
This article is intended for informational purposes only. It can’t be construed as legal advice and readers are asked to consult a qualified attorney regarding these tips.
