The fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from whenever 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 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 an out of doors party. One should seek legal advice before looking for registering a copyrighted Work, as it should be determined whether the Tasks are copyrightable, i.e. the type of Work for which a registration can be obtained. Simply applying to register a copyright does not necessarily suggest that the work in question for you is copyrightable.

The duration of copyrights varies from what type operate is in question as well as when it was made or registered. A piece that was created on or after January 1, 1978 is protected for this time it is created, usually for that author’s life plus 70 years following an author’s death. For “a joint work prepared by a couple of authors who would not work for hire,” the term stands for 70 years marriage ceremony death of last surviving author.

The copyright term for works created and published or registered before January 1, 1978 could 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 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 made for hire” is one prepared by an employee within the scope of his or her employment also known as work specially ordered or commissioned for several types of use use such as a contribution to a collective work, a facet of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation or even an instructional text should the parties agree written instrument that activity will be considered a work designed for hire.

The Logo Copyright Registration in India 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 at a 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 that specializes here. A number of law schools offer what is known as a Masters of Intellectual Property degree and the advice of an attorney with this regarding scholarship can be essential from after a work created from 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 encouraged to consult a qualified attorney regarding these matters.