Ownership of Copyright in Joint Works

Definition of Joint Work

Under Section 101 of copyright law, a “joint work” is defined as a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.

Ownership Rights in Joint Works

When a work is considered a joint work, each joint owner holds an undivided interest in the entire copyright. This means that:

– Each joint owner has the right to exploit the work on a non-exclusive basis without seeking permission from the other joint authors.
– However, they must account for a proportional share of the profits to the other joint author(s).
– Joint owners must also refrain from actions that could harm the work, as they collectively share responsibility for its integrity.

In essence, joint ownership of copyright in a work allows each co-author to use and benefit from the work, but they must work together to ensure the work’s preservation and fair distribution of profits.