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 copyright to receive greater rights and increase their her ability to protect those rights the Work should be registered.
The United States Copyright Online Registration in India 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 has been infringed upon by another party. One should seek legal advice before looking for registering a copyrighted Work, as it should be determined whether the Job is copyrightable, i.e. the type of Work for which a registration can be received. Simply applying to register a copyright does not necessarily mean the work in real question is copyrightable.
The duration of copyrights varies from what type of work 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 for this time it is created, usually for the author’s life plus 70 years when the author’s death. For “a joint work prepared by some authors who don’t work for hire,” the term created for 70 years since 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, 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 meant 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 being a contribution to a collective work, an element of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation or perhaps an instructional text if the parties agree documented instrument that the work 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 other areas of Copyright and Intellectual Property Law, it is best to consult with a legal professional 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 event a work is actually created all the way through the enforcement or recovery just about any infringement.
This article designed for informational purposes only. It should never be construed as legal advice and readers are asked to consult a qualified attorney regarding these things.