How do you prove joint authorship?

The court held that in order to be characterized as a joint author, an individual must show two things: first, that he or she produced independent copyright material within the context of the creative process and second, that both individual authors exhibited mutual intent to create the joint work.

What is a work of joint authorship?

‘Work of Joint Authorship’ means a Work created by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors.

How is joint work defined by the copyright Act?

A joint work is a work prepared by two or more individuals, with the intention that their separate contributions be merged into a single work. Each joint author has the right to exercise any or all of the exclusive rights inherent in the joint work. …

Can a copyright be jointly owned?

Copyright Ownership in Joint Works When two or more authors prepare a work with the intent to combine contributions into inseparable or interdependent parts, the work is considered “joint work,” and its authors are considered joint copyright owners.

When does the Copyright Act provide for joint authorship?

The Copyright Act provides for joint authorship when a work is prepared by more than one author “with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole”. If joint authorship exists, the authors of the “joint work” will be recognized as the co-owners of the copyright in that work.

Who is effected by the joint authorship doctrine?

Therefore, the publisher will be effected by the joint authorship doctrine if the publisher is not the “sole” author of a work created as a work made for hire.

What makes a joint work a joint author?

A joint work is a work prepared by two or more individuals, with the intention that their separate contributions be merged into a single work. A joint author can also be an organization or a corporation under the definition of ” work made for hire .”

Who are the coowners of a copyrighted work?

17 U.S. Code § 201. Ownership of copyright. prev | next. (a)Initial Ownership.—. Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work.