Fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from the moment 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 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 recently been infringed upon by the outside party. One should seek legal advice before getting registering a copyrighted Work, as it should be determined whether the Effort is copyrightable, i.e. the kind of Work for which a registration can be ordered. Simply applying to register a copyright does not necessarily mean the work in question for you is copyrightable.

The duration of copyrights varies from what type do the job is in question as well as when it originated or registered. A work that was created on or after January 1, 1978 is protected from the time it is created, usually for the author’s life plus 70 years system author’s death. For “a joint work prepared by 2 or more authors who would not work for hire,” the term is actually for 70 years pursuing the death of last surviving author.

The copyright term for works created and published or registered before January 1, 1978 may 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 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 planned for hire” is one prepared by a staff within the scope of his or her employment probably a work specially ordered or commissioned for several types of use use such for a contribution to a collective work, an aspect of a movie or other audiovisual work, a translation, a supplementary work, a compilation or perhaps an instructional text should the parties agree in making instrument that perform 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 via the 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 far better consult with an attorney at law that specializes in this field. A number of law schools offer what is called 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 created all the way through the enforcement or recovery just about any infringement.

This article is intended Online Application for Copyright Registration in India informational purposes only. It need not be construed as legal advice and readers are asked to consult a qualified attorney regarding these matters.