Fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from and once that the Work is done and “fixed in any tangible place”, in order for the owner from the 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 has been infringed upon by an out of doors party. One should seek legal advice before getting 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 ordered. Simply applying to register a copyright does not necessarily suggest that 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 function is or registered. A piece that was created on or after January 1, 1978 is protected for this time it is created, usually for the author’s life plus 70 years when the author’s death. For “a joint work prepared by more than one authors who did not work for hire,” the term created for 70 years pursuing the 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 all those created on or after January 1, 1978, namely, lifetime 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 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 made for hire” is one prepared by a staff within the scope of his or her employment as well as a work specially ordered or commissioned particular types of use use such to be a contribution to a collective work, a part of a flick or other audiovisual work, a translation, a supplementary work, a compilation and even instructional text if for example the parties agree documented instrument that perform will be considered a work designed 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 off the date of publication or 120 years from the date of creation, whichever is shorter.

As with all areas of Song Copyright Registration in India Online and Intellectual Property Law, it is advisable to consult with an attorney that specializes in this area. A number of law schools offer what is called a Masters of Intellectual Property degree and the advice of an attorney with this level of scholarship can be essential from the minute a work created from all the way through the enforcement or recovery any specific infringement.

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