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💡intro to intellectual property review

key term - Joint Authorship

Citation:

Definition

Joint authorship refers to the collaborative creation of a copyrightable work by two or more individuals, where each author's contribution is not distinct or separable from the others. In this scenario, the authors share equal rights and ownership of the final work.

5 Must Know Facts For Your Next Test

  1. For a work to be considered a joint work, the authors must have the intention to merge their contributions into a single, inseparable whole at the time of creation.
  2. Each joint author has an undivided interest in the entire work and can independently use or license the work, subject to accounting to the other joint authors for any profits.
  3. Joint authors must contribute original, copyrightable expression to the work, not just ideas or facts.
  4. The duration of the copyright in a joint work is the life of the last surviving author plus 70 years.
  5. Termination of transfers and licenses for joint works can be exercised by a majority of the joint authors or their heirs.

Review Questions

  • Explain the key requirements for a work to be considered a joint authorship.
    • For a work to be considered a joint authorship, the following key requirements must be met: 1) The authors must have the intention to merge their contributions into a single, inseparable whole at the time of creation; 2) Each author must contribute original, copyrightable expression to the work, not just ideas or facts; and 3) The authors must have an equal, undivided interest in the entire work, allowing them to independently use or license the work, subject to accounting to the other joint authors for any profits.
  • Describe the implications of joint authorship on the duration and termination of the copyright.
    • The duration of the copyright in a joint work is the life of the last surviving author plus 70 years. Additionally, the termination of transfers and licenses for joint works can be exercised by a majority of the joint authors or their heirs. This means that joint authors have increased control over the copyright term and the ability to terminate licenses or transfers, which can have significant implications for the commercial exploitation and long-term ownership of the work.
  • Analyze how joint authorship differs from other forms of copyright ownership, such as work made for hire or derivative works.
    • Joint authorship differs from work made for hire in that the authors maintain equal, undivided ownership of the work, rather than the employer or commissioning party being considered the author. It also differs from derivative works, where the new work is based on a pre-existing copyrighted work, as joint authors contribute original, copyrightable expression to create a single, inseparable whole. The key distinction is the collaborative nature of joint authorship, where the authors have the intention to merge their contributions, as opposed to one party creating a work based on another's pre-existing work or under the direction of an employer.