Essentials 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 created and “fixed in any tangible place”, in order for the owner of this 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 Sound Recording Copyright Registration in India owner’s ability to seek various types of damages if the copyright recently been infringed upon by an out of doors 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 form of Work for which a registration can be received. Simply applying to register a copyright does not necessarily suggest that 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 originated 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 when the author’s death. For “a joint work prepared by two or more authors who does not work for hire,” the term stands for 70 years pursuing 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 any 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, phrase 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 produced 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 particular types of use use such as the contribution to a collective work, a necessary part of a movie or other audiovisual work, a translation, a supplementary work, a compilation and even instructional text if the parties agree documented instrument that function will be considered a work designed for hire.

The copyright term for works produced for hire and anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records) is either 95 years out from 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 best to consult with an attorney at law 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 associated with scholarship can be essential from the event a work is actually created 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 motivated to consult a qualified attorney regarding these tips.