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The leading case of joint authorship in India is Najma Heptulla v.Orient Longman Ltd. and Ors.In this case, the plaintiff is the legal heir of the author of the book India Wins Freedom.
The author generally is the person who conceives of the copyrightable expression and "fixes" it in a "tangible medium of expression." Special rules apply when multiple authors are involved: Joint authorship: The US copyright law recognizes joint authorship in Section 101. [28] The authors of a joint work are co-owners of a single copyright in ...
[13] Therefore, it is wrong to think that the only person who carries out the mechanical act of fixation is the author. Julia Kogan v Nicholas Martin and others [2019] - This is the leading case which sets out the test of joint authorship. The case reviewed s. 10(1) which defines a "work of joint authorship."
So much is clear in Donoghue when Farwell J states that [I]f an author employs a shorthand writer to take down a story which the author is composing, word for word, in shorthand, and the shorthand writer then transcribes it, and the author then has it published, the author and not the shorthand writer is the owner of the copyright. A mere ...
Other decisions had held that individuals could not have copyright in books consisting of the text of Federal or State court decisions, statutes, rules of judicial procedures, etc., i.e., governmental edicts and rulings. [6]
However, there is no standard European definition of the terms "works of joint authorship" and "collective works", so each country must define laws and make legal decisions over when a work with multiple authors is a work of joint authorship, collective work or simply a collection of separate works. [26]
Yes for foreign works of joint authorship, except for countries party to the Canada–United States–Mexico Agreement, i.e. U.S. and Mexico [26] China (People's Republic, Mainland only) No, unless public domain in the country of origin on the date of commencement of the Act [27] Colombia No [28] Democratic Republic of the Congo No [29] [30]
Joint authorship allows the authors to both independently exploit the copyright and to independently license the use of the copyright. [40] A work is considered a joint work if it is a "work prepared by two or more authors with the intention that their contributions be merged into an inseparable or interdependent parts of a unitary whole."