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The individual contributions made by authors to a joint work need not necessarily be equal in quality or quantity. [8] Nevertheless, the author has to show that his contribution to the joint work is copyrightable by itself. [7] [9] A contribution of mere ideas is not sufficient. [10] In order to be a joint author, one must contribute expression ...
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."
However, if all of the authors participated in an indistinguishable manner in creating the constituent works and in selecting and arranging the various constituent works, than it would probably be more appropriate to classify such a collaborative work as a work of joint authorship instead of as a compilation.
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."
Pursuant to Rule 26 of the Federal Rules of Civil Procedure and Local Certificate Rule 7.1, the Massachusetts Audubon Society (“Mass Audubon”) states that it is a charitable corporation, organized under Section 501(c)(3) of the Internal Revenue Code and Chapter 180 of the
Prior to 1895, no court decision had occasion to consider any claim of copyright on behalf of the Government itself. Courts had, however, considered whether copyright could be asserted as to the text of laws, court decisions, governmental rules, etc., and concluded that such material were not subject to copyright as a matter of public policy. [6]
The authors grant the rights of exploitation to a third party who decides what works to include in the collection. The difference from a work of joint authorship is that it is practical to separately exploit the parts of a collective work, while that cannot be done with parts of a work of joint authorship.