Although many types of “creative” and “original” Works are deemed to have copyright protection from the moment 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 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 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 obtained. 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 perform is in question as well as when it was made or registered. A work 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 2 or more authors who does not work for hire,” the term is for 70 years to learn 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 term 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 planned for hire” is one prepared by a member of staff within the scope of his or her employment probably a work specially ordered or commissioned particular types of use use such for 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 should the parties agree written instrument that activity will be considered a work meant 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 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 called 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 reached all the way through the enforcement or recovery virtually any infringement.
This article is intended for informational purposes only. It need not be construed as legal advice and readers are asked to consult a qualified attorney regarding these things.