Joint authorship of copyright

Updated on : 2020-Nov-12 17:33:32 | Author :

In case more than one person is involved in an authorship process, thereafter the identity of the authors, and the "rights" of them may not be obvious. The joint authorship doctrine program explains the sharing of rights. Especially if the publisher is a co-author, it may be called a deliberate sharing of the rights. It is not a great loss of the publisher's complete ownership of rights in the work of that specific authorship.

 

Joint authorship doctrine

The law of the copyright provides that an author is a person who can create a work of authorship. At least it is the first instance the sole owner of the work. The author may primitively have sole ownership of the work that there are various methods by which the publisher may attain the ownership rights in the author's creative efforts. Two of the most frequent uses are made through the doctrine of "work made for hire". The publisher will own copyright and "all" the rights in the creative work by performing an "assignment" of the rights from the author to the publisher, the author grants "all or some" of the rights of the work to the publisher.

 

Rights and duties of a co-author in the joint ownership

What is the reason for this joint authorship doctrine? Why it is important to the publisher in case of only the impact that is on authors?" One thing that can happen is where the publisher will not be the sole author of a work. It usually happens when work gets commissioned by the publisher as the work is made for hire. But the publisher gets failed to satisfy the requirements of a work that is made for hiring doctrine. In case this occurs, if not the publisher has obtained it in a written agreement between author and publisher the author or a grant of rights that includes the copyright ownership - to the work, the rights mentioned in the work would have been owned by the author. To prevent the loss of all its rights in the work the publisher would have to prove the fact that the work qualifies as a joint work. Here the publisher was the co-author of the work. The publisher could have proven that co-author if the publisher acted as a collaborator it was an in the work. Another situation can be exampled where joint authorship can arise if the work gets created by the employees of the publisher. Under this condition, the employee could easily claim that he or she was a co-author of that particular work. If the employee is already successful in this attempt to attain the joint authorship the employee will be recognized as a co-author of the work. If the work of an author gets qualified under the copyright law as a work of the joint authorship the co-authors or the collaborators may apply the rights and the duties of the work of the authorship that is applied among them. So, since no formal agreement is needed between co-authors or collaborators, a legal relationship of the joint authorship program may happen even without any kind of intent of the respective authors for creating any work of the joint authorship.

 

 

 

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