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The fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from whenever that the Work is done 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 Website Copyright Registration online in India owner’s ability to seek various types of damages if the copyright is 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 received. Simply applying to register a copyright does not necessarily imply the work in real question is copyrightable.

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

The copyright term for works created and published or registered before January 1, 1978 is the same as for the people 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, if there was 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 meant for hire” is one prepared by an employee within the scope of his or her employment or perhaps work specially ordered or commissioned for certain types of use use such for a contribution to a collective work, an aspect of a motion picture 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 job will be considered a work constantly 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 from 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 legal assistance first that specializes in this field. 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 after a work created from all the way through the enforcement or recovery just about any infringement.

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