Fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have Online Copyright Registration in India protection from the instant that the Work is created and “fixed in any tangible place”, in order for the owner for 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 been recently infringed upon by another party. One should seek legal advice before getting 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 ordered. Simply applying to register a copyright does not necessarily mean the work in question is copyrightable.

The duration of copyrights varies from what type perform 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 the time it is created, usually for that author’s life plus 70 years after the author’s death. For “a joint work prepared by 2 or more authors who couldn’t work for hire,” the term created for 70 years to learn 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 those 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 progressed rapidly to meet hire” is one prepared by a member of staff within the scope of his or her employment or a work specially ordered or commissioned for certain types of use use such to be a contribution to a collective work, a necessary part of a film or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text if for example the parties agree in writing instrument that function 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 out from 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 better to consult with legal assistance first that specializes of this type. A number of law schools offer what is known as a Masters of Intellectual Property degree and the advice of an attorney with this associated with scholarship can be essential from the moment a work is reached all the way through the enforcement or recovery virtually any infringement.

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