Although many types of “creative” and “original” Works are deemed to have copyright protection from the instant that the Work created from and “fixed in any tangible place”, in order for the owner of the 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 online copyright Registration Process in India owner’s ability to seek various types of damages if the copyright recently been infringed upon by a third party. One should seek legal advice before trying to obtain 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 ordered. Simply applying to register a copyright does not necessarily mean that the work in question for you is copyrightable.

The duration of copyrights varies from what type of labor is in question as well as when it is created or registered. A piece 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 as soon as the author’s death. For “a joint work prepared by more than one authors who does not 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 could be the same as for all 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 actual word 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 made for hire” is one prepared by a within the scope of his or her employment also known as work specially ordered or commissioned for several types of use use such for a contribution to a collective work, a part of a film or other audiovisual work, a translation, a supplementary work, a compilation or perhaps an instructional text if for example the parties agree in making instrument that activity will be considered a work meant for 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 from the date of publication or 120 years from the date of creation, whichever is shorter.

As with every area of Copyright and Intellectual Property Law, it is best to consult with an attorney at law that specializes in this area. 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 the event a work is actually created all the way through the enforcement or recovery just about any infringement.

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

The fundamentals of Copyrights – Registration and Duration

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