Fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from the instant that the Work is created and “fixed in any tangible place”, in order for the owner of the Sound Recording Copyright Registration in India to receive greater rights and increase their own 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 a third 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 purchased. Simply applying to register a copyright does not necessarily signify 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 function is or registered. A work that was created on or after January 1, 1978 is protected via time it is created, usually for your author’s life plus 70 years when the author’s death. For “a joint work prepared by two or more authors who would not work for hire,” the term is actually for 70 years marriage ceremony 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 people 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 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 produced for hire” is one prepared by a member of staff within the scope of his or her employment or a work specially ordered or commissioned a number of types of use use such as the contribution to a collective work, an aspect of a flick or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text should the parties agree documented instrument that perform will be considered a work designed 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 via 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 far better consult with legal assistance first that specializes here. A number of law schools offer what is called a Masters of Intellectual Property degree and the advice of an attorney with this involving scholarship can be essential from now a work is actually created all the way through the enforcement or recovery just about any infringement.

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