Essentials 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 is done and “fixed in any tangible place”, in order for the owner from the copyright to receive greater rights and increase his or her ability to protect those rights the Work should be registered.

The United States Online Copyright Registration Symbol 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 may be infringed upon by an out of doors party. One should seek legal advice before trying to get registering a copyrighted Work, as it should be determined whether the Tasks are 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 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 piece that was created on or after January 1, 1978 is protected for the time it is created, usually for the author’s life plus 70 years after the author’s death. For “a joint work prepared by more than one authors who don’t work for hire,” the term created for 70 years after the death of last surviving author.

The copyright term for works created and published or registered before January 1, 1978 is the same as for all 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, if there was of copyright because of 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 staff within the scope of his or her employment or a work specially ordered or commissioned particular types of use use such as a 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 if your parties agree written instrument that activity will be considered a work designed for hire.

The copyright term for works specifically for 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 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 area. A number of law schools offer what is because a Masters of Intellectual Property degree and the advice of an attorney with this regarding scholarship can be essential from now a work is created all the way through the enforcement or recovery of any infringement.

This article designed for informational purposes only. It need not be construed as legal advice and readers are asked to consult a qualified attorney regarding these tips.