The basics 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 is created and “fixed in any tangible place”, in order for the owner of the Copyright Online Registration in India 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 the outside party. One should seek legal advice before trying to obtain 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 the work in question is copyrightable.

The duration of copyrights varies from what type of work is in question as well as when it originated or registered. A work that was created on or after January 1, 1978 is protected out of your time it is created, usually for your author’s life plus 70 years after the 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 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 people 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, the term of copyright due to 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 an employee within the scope of his or her employment as well as a work specially ordered or commissioned for certain types of use use such as the contribution to a collective work, an element of a video or other audiovisual work, a translation, a supplementary work, a compilation or perhaps an instructional text if your parties agree in writing instrument that activity 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 off 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 preferable to consult with an attorney that specializes to the picture. A number of law schools offer what is in order to as a Masters of Intellectual Property degree and the advice of an attorney with this level of scholarship can be essential from the moment a work is created all the way through the enforcement or recovery of any infringement.

This article designed for informational purposes only. It can’t be construed as legal advice and readers are asked to consult a qualified attorney regarding these matters.