The basics 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 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 copyright owner’s ability to seek various types of damages if the copyright may be infringed upon by a third 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 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 is copyrightable.

The duration of copyrights varies from what type perform is in question as well as when it is created or registered. A work that was created on or after January 1, 1978 is protected for the time it is created, usually for the author’s life plus 70 years when the author’s death. For “a joint work prepared by 2 or more authors who don’t work for hire,” the term is 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 phrase of copyright as a result 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 planned for hire” is one prepared by an employee within the scope of his or her employment probably a work specially ordered or commissioned particular types of use use such for a contribution to a collective work, a facet of a video or other audiovisual work, a translation, a supplementary work, a compilation or perhaps an instructional text if the parties agree in writing instrument that job will be considered a work made for hire.

The copyright term for works since that time hire and anonymous and pseudonymous works (unless the author’s identity is revealed in Online Song Copyright Registration in India Office records) is either 95 years via 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 better to consult with an attorney at law that specializes in this field. A number of law schools offer what is because a Masters of Intellectual Property degree and the advice of an attorney with this involving scholarship can be essential from the minute 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 encouraged to consult a qualified attorney regarding these tips.