The fundamentals 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 from and “fixed in any tangible place”, in order for the owner for this 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 the outside party. One should seek legal advice before trying to get 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 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 your author’s life plus 70 years when the author’s death. For “a joint work prepared by more than one authors who would not work for hire,” the term created for 70 years after the death of last surviving author.

The Song Copyright Registration in India Online term for works created and published or registered before January 1, 1978 is the same as for the people 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 actual word 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 a member of staff 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 part of a flick or other audiovisual work, a translation, a supplementary work, a compilation and even instructional text in the event the parties agree in writing instrument that activity will be considered a work made for hire.

The copyright term for works made 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 other areas of Copyright and Intellectual Property Law, it is best to consult with legal assistance first 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 level of scholarship can be essential from the moment a work created from all the way through the enforcement or recovery of any infringement.

This article is intended for informational purposes only. It should never be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these tips.