Although many types of “creative” and “original” Works are deemed to have copyright protection from the moment 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 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 may be infringed upon by an out of doors party. One should seek legal advice before getting registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the type 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 of work is in question as well as when it was made or registered. A work 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 some authors who does not work for hire,” the term is for 70 years since the death of last surviving author.
The copyright term for works created and published or registered before January 1, 1978 will be the same as for any 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 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 as well as a work specially ordered or commissioned particular types of use use such for a contribution to a collective work, a part of a video or other audiovisual work, a translation, a supplementary work, a compilation or even an instructional text if your parties agree written instrument that function will be considered a work since then 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 off the date of publication or 120 years from the date of creation, whichever is shorter.
As with all areas of Online Copyright Registration Symbol and Intellectual Property Law, it is best to consult with a legal professional that specializes of this type. 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 after a work is created all the way through the enforcement or recovery just about any infringement.
This article designed for informational purposes only. It can’t be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these matters.