The meaning of Joint Authorship
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5 October 2009
Sections 9(1) and 10(1) of the Copyrights Designs and Patents
Act 1988 as amended ("theAct") provides as follows:
9(1) "In this Part, 'author' in relation to a work, means the
person who creates it"
10(1) "In this Part a work of joint authorship means a work
produced by the collaboration of two or more authors in which the contribution
of each author is not distinct from that of the other author or authors."
It is important to remember that copyright exists, not in ideas,
but the written expression of ideas. So if you are a joint owner you must
(1) be someone who collaborates with another author in the
production of a work;
(2) both provide a significant creative input; and
(3) make a contribution which is not distinct from that of the
What is essential is a direct responsibility for what actually
appears (in the case of a literary work) on paper. It is common ground that
joint authors hold copyright in the subject of the joint authorship as tenants
in common entitled in equal shares.
Michael Coyle is a Solicitor Advocate and can be located at
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2009-10-16 19:59:59 in Legal Articles