Fundamentals of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from the event that the Work created from and “fixed in any tangible place”, in order for the owner from the Logo Copyright Registration in India to receive greater rights and increase their 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 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 obtained. Simply applying to register a copyright does not necessarily signify that 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 was made or registered. A piece that was created on or after January 1, 1978 is protected for this time it is created, usually for your author’s life plus 70 years when the 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 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, 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 term 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 the employee within the scope of his or her employment also known as work specially ordered or commissioned a number of types of use use such being a contribution to a collective work, a necessary part 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 the work will be considered a work designed 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 every area of Copyright and Intellectual Property Law, it is best to consult with an attorney at law that specializes here. A number of law schools offer what is known as a Masters of Intellectual Property degree and the advice of an attorney with this level of scholarship can be essential from the minute a work created from all the way through the enforcement or recovery virtually any infringement.

This article designed for informational purposes only. It should never be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these things.