Although many types of “creative” and “original” Works are deemed to have copyright protection from the event that the Work created and “fixed in any tangible place”, in order for the owner of the copyright 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 may be infringed upon by another party. One should seek legal advice before trying to get registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the kind of Work for which a registration can be ordered. Simply applying to register a copyright does not necessarily mean the work in question for you is copyrightable.
The duration of copyrights varies from what type of work is in question as well as when it was created or registered. A work that was created on or after January 1, 1978 is protected for the time it is created, usually for your author’s life plus 70 years system author’s death. For “a joint work prepared by a couple of authors who would not work for hire,” the term created for 70 years to learn death of last surviving author.
The copyright term for works created and published or registered before January 1, 1978 may be the same as for all 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 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 planned for hire” is one prepared by the employee within the scope of his or her employment or a work specially ordered or commissioned for certain types of use use such for a contribution to a collective work, a part of a flick or other audiovisual work, a translation, a supplementary work, a compilation or even an instructional text in the event the parties agree written down instrument that perform will be considered a work made for hire.
The copyright term for works since that time hire and anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Online 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 every area of Copyright and Intellectual Property Law, it is preferable to consult with an attorney at law that specializes of this type. A number of law schools offer what is called a Masters of Intellectual Property degree and the advice of an attorney with this associated with scholarship can be essential from the moment a work created from all the way through the enforcement or recovery any specific 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 tips.