Although many types of “creative” and “original” Works are deemed to have copyright protection from the event that the Work is done and “fixed in any tangible place”, in order for the owner of this 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 Online Copyright Application in India 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 trying to get registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the kind of Work for which a registration can be consumed. Simply applying to register a copyright does not necessarily mean the work in question 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 out of your time it is created, usually for the author’s life plus 70 years following an author’s death. For “a joint work prepared by 2 or more authors who would not work for hire,” the term stands 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 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 an employee within the scope of his or her employment or a work specially ordered or commissioned for several types of use use such for a contribution to a collective work, a necessary part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation or perhaps an instructional text if your parties agree written instrument that function will be considered a work made for hire.
The copyright term for works produced for 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 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 because a Masters of Intellectual Property degree and the advice of an attorney with this amount of scholarship can be essential from the event a work created from all the way through the enforcement or recovery any specific infringement.
This article designed for informational purposes only. It need not be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these matters.