MightyRecruiterCopyrights are a vital part of protecting intellectual property. Without them, original works could be used for financial gain by anyone who had an inkling to do so. Anyone who has created an original piece of work should pursue a copyright registration, even if the piece is never published. This will give an author better control over the use of the work in the future and help protect it from copyright infringement. However, a registration may not last forever. Depending on when the work was originally copyrighted, a renewal application might be in order. Here are some guidelines on the renewal process.
What Needs to Be Renewed
The current copyright laws were established in 1978, with a few amendments in the 1990s. The changes affected works copyrighted between Jan. 1, 1964 and Dec. 31, 1977 and extended the copyright to a full 95 years. Still, copyright holders were encouraged to file for renewals. Copyrights on works created starting in 1978 are protected for a term of 95 years.
So, if registration renewal for copyrights granted between Jan. 1, 1964 and Dec. 31, 1977 are optional, why would an owner choose to undergo the renewal process? The United States Copyright Office has offered several advantages.
Who May Renew the Registration?
There are some rules about who is eligible to submit a renewal for copyrighted works. The following parties can file:
How to Renew
Regardless who makes the claim, the renewal must be sought using a specific form from the United States Copyright Office. There is a $60 nonrefundable fee involved that must be submitted with the paperwork.
The new registration is considered official the day the Copyright Office receives all the appropriate paperwork and payment for the renewal, not the day the registration certificate is received in the mail.
What About Newer Works?
Although the amendments to the current copyright laws specifically address works copyrighted between 1964 and 1977, there other provisions that affect works copyrighted after that date. In fact, copyright protection begins as soon as a work is created, even without registration with the Copyright Office.
There are advantages to registering original works, however, even if you don’t think you will use your work for financial gain. If you want to publically declare you own a specific intellectual property, registration achieves that goal. If you ever want to claim that someone has infringed upon your copyright, you will need to show you hold a registration.
You don’t have to register a work the moment it is created. You have up to five years after publication to do so. However, if you get it done within three months of the work’s publication, you can enjoy additional benefits if an infringement lawsuit does eventually come about, such as monetary damages. Also, a registration with the federal Copyright Office paves the way for registration with the United States Customs Office, which can give you protection if someone in another country tries to infringe upon your copyright by importing fraudulent copies of your work.
Registering or renewing a copyright is a process each author or their next of kin should consider. It is not required, but there are certain circumstances under which it may be advised and even be advantageous.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.