Essentials 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 created and “fixed in any tangible place”, in order for the owner within the copyright to receive greater rights and increase his or her ability to protect those rights the Work should be registered.

The United States Music Copyright Registration in India Online 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 may be infringed upon by an outside party. One should seek legal advice before applying 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 consumed. 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 work that was created on or after January 1, 1978 is protected for this time it is created, usually for that author’s life plus 70 years after the author’s death. For “a joint work prepared by 2 or more authors who couldn’t 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 could be the same as for 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 phrase of copyright for 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 produced for hire” is one prepared by an employee within the scope of his or her employment or perhaps work specially ordered or commissioned a number of types of use use such for a contribution to a collective work, a necessary part of a movie or other audiovisual work, a translation, a supplementary work, a compilation as well as instructional text if your parties agree in writing instrument that function will be considered a work made for hire.

The copyright term for works specifically 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 other areas of Copyright and Intellectual Property Law, it is better to 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 level of scholarship can be essential from after a work is actually created all the way through the enforcement or recovery any sort of infringement.

This article is intended for informational purposes only. It need not be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these things.