Who Owns Copyright When Multiple Authors Create a Work?

When multiple authors collaborate on a project, questions about copyright ownership often arise. Read this article to learn more about the fundamentals of copyright ownership for co-created works and contact a knowledgeable New Orleans, Louisiana copyright lawyer from Lemler IP for assistance with protecting your valuable IP today. Here are some of the questions you may have:

What Is a Joint Work Under Copyright Law?

A joint work is defined under U.S. copyright law as a single work created by two or more authors with the intent that their contributions will be merged into a unified whole. This could include anything from a song written by two musicians to a screenplay crafted by a team of writers. To qualify as a joint work, two critical elements must be present: (1) a copyrightable contribution from each author and (2) an intention that these contributions be combined into one final product.

For example, imagine two authors co-writing a book. If one writes chapters one through five and the other writes chapters six through ten, they likely intended their efforts to result in a single, cohesive novel. However, the situation becomes more complex if there is ambiguity about whether all contributions meet the threshold for copyright protection or if one party’s input is minor, like providing simple editing or suggestions.

How Is Ownership of a Joint Work Determined?

When it comes to ownership, the law presumes that all contributors to a joint work are equal co-owners, regardless of how much each contributed. This means that unless there’s a written agreement specifying otherwise, each co-author owns an equal share of the copyright, even if one person did significantly more work than the other.

For co-authors, this joint ownership gives each party the right to use or license the work without seeking permission from the others, though they must share any profits derived from such use. For instance, if one author licenses the co-created work for use in a movie, they must divide the revenue equally among all co-authors. Disputes often arise when there’s no prior agreement about how to handle ownership or profit-sharing, underscoring the importance of clear, written contracts at the outset of collaboration.

How Can Authors Protect Their Rights in a Joint Work?

Authors can take several steps to protect their rights and avoid misunderstandings. First, drafting a collaboration agreement before starting the project is essential. This agreement should outline each party’s contributions, ownership percentages, and how decisions about licensing or profit-sharing will be made. It should also address what happens if one party wants to withdraw from the project or if disputes arise.

Second, keeping detailed records of your contributions can provide critical evidence if ownership is ever challenged. Emails, drafts, and dated notes can demonstrate your input and strengthen your position in a dispute.

Lastly, consulting an intellectual property attorney early in the process can provide invaluable guidance. Lemler IP can help tailor agreements to suit the unique needs of your project, ensuring all parties are protected and avoiding costly legal battles in the future.