Although many types of “creative” and “original” Works are deemed to have copyright protection from the event that the Work created and “fixed in any tangible place”, in order for the owner of the copyright to receive greater rights and increase his or her 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 is infringed upon by an outside party. One should seek legal advice before looking for 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 received. Simply applying to register a copyright does not necessarily mean the work in question 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 for the time it is created, usually for that author’s life plus 70 years system author’s death. For “a joint work prepared by more than one authors who couldn’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 any 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 of 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 a within the scope of his or her employment or perhaps work specially ordered or commissioned a number of types of use use such to be a contribution to a collective work, an element of a film or other audiovisual work, a translation, a supplementary work, a compilation as well as instructional text if the parties agree written instrument that the work will be considered a work meant for hire.
The copyright term for works made for hire and anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records) is either 95 years out from the date Benefits of Copyright Registration in India publication or 120 years from the date of creation, whichever is shorter.
As with all areas of Copyright and Intellectual Property Law, it is preferable to consult with an attorney 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 the minute a work is created all the way through the enforcement or recovery any sort of infringement.
This article is intended for informational purposes only. It can not be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these things.