Although many types of “creative” and “original” Works are deemed to have copyright protection from whenever that the Work is generated and “fixed in any tangible place”, in order for the owner for this copyright to receive greater rights and increase his or 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 Music Copyright Registration in India Online owner’s ability to seek various types of damages if the copyright has been infringed upon by a third party. One should seek legal advice before applying for 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 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 was created or registered. A piece 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 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 is 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 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 made for hire” is one prepared by an employee within the scope of his or her employment as well as a work specially ordered or commissioned for certain types of use use such as the contribution to a collective work, a necessary part of a flick or other audiovisual work, a translation, a supplementary work, a compilation as well as instructional text if the parties agree in writing instrument that job will be considered a work since then 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 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 better to consult with an attorney that specializes in this area. A number of law schools offer what is in order to as a Masters of Intellectual Property degree and the advice of an attorney with this involving scholarship can be essential from now a work created from all the way through the enforcement or recovery any specific infringement.
This article designed for informational purposes only. It should not be construed as legal advice and readers are motivated to consult a qualified attorney regarding these matters.