Fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from and once that the Work is created and “fixed in any tangible place”, in order for the owner of this 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 an outside party. One should seek legal advice before getting registering a copyrighted Work, as it should be determined whether the Effort is copyrightable, i.e. the form of Work for which a registration can be purchased. Simply applying to register a copyright does not necessarily mean the work in question for you is copyrightable.

The duration of copyrights varies from what type do the job is in question as well as when it originated 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 following an author’s death. For “a joint work prepared by 2 or more authors who don’t 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 is 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 term of copyright for 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 meant for hire” is one prepared by a staff within the scope of his or her employment probably a work specially ordered or commissioned particular types of use use such as the contribution to a collective work, a necessary part of a video or other audiovisual work, a translation, a supplementary work, a compilation or perhaps an instructional text in the event the parties agree written down instrument that activity will be considered a work constantly hire.

The copyright term for works made for hire and anonymous and pseudonymous works (unless the author’s identity is revealed in Logo 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 every area of Copyright and Intellectual Property Law, it is far better consult with a legal professional that specializes in this area. A number of law schools offer what is because a Masters of Intellectual Property degree and the advice of an attorney with this associated with scholarship can be essential from now a work is reached all the way through the enforcement or recovery virtually any infringement.

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