17.9 Copyright Interests-Joint Authors

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

17.9 Copyright Interests-Joint Authors refers to works created by two or more authors. In joint authorship, each author has an equal right to the copyright of the work. Depending on the country, joint authorship may be considered for works created by two or more authors who collaborate in the same project or activity. In some cases, joint authorship may also be granted when two or more authors independently create parts of a work that are integrated into a single whole. Types of joint authorship include works created in a collaborative effort, works created by authors who are not in the same geographical location, and works created by authors who are not working in the same field.

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FAQ

For example, individuals may be joint authors if one individual devises the plot of a novel or play and the other writes the words, or if they share the labour of working out the plot, scenes and characters, or if they share the labour of writing.

A copyright co-owner can unilaterally issue a non-exclusive license which prevents a co-owner from suing the licensee for any future use. However, a co-owner cannot issue a retroactive license that would prevent a co-owner from suing for infringements that have already occurred.

Co-authors own the work's copyright jointly and equally, unless the authors make an agreement otherwise. Each joint author has the right to exercise any or all of the exclusive rights inherent in the joint work.

The authors of a joint work are co-owners of copyright in the work. Joint copyright owners share an equal interest in the copyright regardless of how much they contribute to the work. This gives all joint copyright owners the right to register as well as enforce the copyright.

Each co-author has a duty to account to the other co-authors for any profits obtained from the exploitation of the work. A co-author has the right to assign his/her ownership share in the work to a third party or to bequeath his/her ownership share to his/her heirs.

When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. The most common example of a joint work is when a book or article has two or more authors.

Basically, any intentional collaboration between two or more people who aim to combine their contributions into a unified work are considered joint copyright owners. A co-authored book or musical would be two of the most common examples of joint authorship resulting in a joint copyright.

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17.9 Copyright Interests-Joint Authors