The basics of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from whenever that the Work created and “fixed in any tangible place”, in order for the owner within 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 copyright owner’s ability to seek various types of damages if the copyright has been infringed upon by the outside party. One should seek legal advice before looking for registering a copyrighted Work, as it should be determined whether the Job is copyrightable, i.e. the type of Work for which a registration can be purchased. Simply applying to register a Logo Copyright Registration in India does not necessarily suggest that 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 is created or registered. A piece that was created on or after January 1, 1978 is protected out of your time it is created, usually for that author’s life plus 70 years when the author’s death. For “a joint work prepared by more than one authors who don’t work for hire,” the term is for 70 years since 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, phrase of copyright because 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 meant for hire” is one prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned for several types of use use such as the contribution to a collective work, an element of a video or other audiovisual work, a translation, a supplementary work, a compilation or even an instructional text should the parties agree written instrument that job will be considered a work made for hire.

The copyright term for works ready 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 all areas of Copyright and Intellectual Property Law, it is advisable to consult with an attorney that specializes here. A number of law schools offer what is in order to as a Masters of Intellectual Property degree and the advice of an attorney with this regarding scholarship can be essential from the moment a work fabricated from all the way through the enforcement or recovery any sort of infringement.

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