Essentials 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 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 has been infringed upon by an out of doors party. One should seek legal advice before applying for 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 obtained. Simply applying to register a copyright does not necessarily signify that the work in real question is copyrightable.

The duration of copyrights varies from what type do the job is in question as well as when it function is or registered. A piece that was created on or after January 1, 1978 is protected for the time it is created, usually for that author’s life plus 70 years following an author’s death. For “a joint work prepared by two or more authors who couldn’t work for hire,” the term stands for 70 years since 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 term of copyright of 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 within the scope of his or her employment or perhaps work specially ordered or commissioned for several types of use use such as a contribution to a collective work, a necessary part of a flick or other audiovisual work, a translation, a supplementary work, a compilation or even an instructional text if your parties agree in making instrument that job will be considered a work since then hire.

The copyright term for works produced for hire and anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records) is either 95 years off the date of publication or 120 years from the date of creation, whichever is shorter.

As with all areas of Sound Recording Copyright Registration in India and Intellectual Property Law, it is advisable to consult with an attorney at law that specializes of this type. A number of law schools offer what is called a Masters of Intellectual Property degree and the advice of an attorney with this involving scholarship can be essential from now a work fabricated from all the way through the enforcement or recovery virtually any infringement.

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