The fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have International Copyright Registration in India protection from the event that the Work is created and “fixed in any tangible place”, in order for the owner of the copyright to receive greater rights and increase his or 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 trying to get registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the associated with Work for which a registration can be consumed. 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 function is or registered. A work that was created on or after January 1, 1978 is protected from 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 some authors who would 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 will be 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 produced for hire” is one prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned a number of 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 even an instructional text should the parties agree documented instrument that perform will be considered a work constantly 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 all areas of Copyright and Intellectual Property Law, it is preferable to consult with an attorney at law that specializes here. 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 amount of scholarship can be essential from after a work is created all the way through the enforcement or recovery just about any infringement.

This article designed for informational purposes only. It need not be construed as legal advice and readers are motivated to consult a qualified attorney regarding these matters.