Although many types of “creative” and “original” Works are deemed to have copyright protection from the instant that the Work is generated and “fixed in any tangible place”, in order for the owner of the copyright 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 the outside 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 received. Simply applying to register a copyright does not necessarily imply the work in question for you is copyrightable.
The duration of copyrights varies from what type do the job is in question as well as when it is created or registered. A work that was created on or after January 1, 1978 is protected via time it is created, usually for that author’s life plus 70 years after the author’s death. For “a joint work prepared by a couple of authors who did not work for hire,” the term great 70 years after 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 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, 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 progressed rapidly to meet hire” is one prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned for several types of use use such to be a contribution to a collective work, an aspect of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text if for example the parties agree written instrument that job will be considered a work made for hire.
The copyright term for works specifically for hire and anonymous and pseudonymous works (unless the author’s identity is revealed in Brand Copyright Registration in India Office records) is either 95 years off 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 better to consult with an attorney at law that specializes in this field. A number of law schools offer what is in order to a Masters of Intellectual Property degree and the advice of an attorney with this involving scholarship can be essential from the event a work fabricated from all the way through the enforcement or recovery of any infringement.
This article is intended for informational purposes only. It can not be construed as legal advice and readers are motivated to consult a qualified attorney regarding these things.