Everything You Need to Know About Joint Copyright

Joint copyright can be a dangerous trap forsingle program.
businesses. Disputes over joint copyright issuesJoint copyright can significantly impact the value
are often expensive, fact intensive and it isof the work. This is one of the reasons why
difficult to prove ownership. Several recent casesmany IP lawyers view it negatively. If someone is
highlight problems that can surface when jointheld to be a joint copyright owner they probably
copyright arises - for example the recent case ofwill be entitled to royalty payments and will also
BUSTED.have a say in selling the copyright. This impacts
In the early 2000's BUSTED was a music groupthe value of the copyright because the potential
who had several hit singles here in the UK.buyer or licensor will have to buy or get a licence
Recently several members of the band wantedfrom each of the owners which is significantly
to be added as joint copyright holders so theymore costly and time consuming than dealing with
could receive royalty payments. The bandone owner alone. Joint copyright ownership also
members were unable to prove their case.restricts what the other owners can do with their
Nevertheless several days of trial were involvedown work. This means that if one party uses the
as well as a significant amount of legal fees.material commercially without the other's consent,
Another recent case also showcased thethey would be infringing the other's copyright.
difficulties with joint copyright and focused on theMORAL RIGHTS
authorship of the song "A Whiter Shade of Pale."Another related issue to joint copyright is moral
In this case the organist who composed therights. This right is separate from copyright
organ solo to the song was held to be a jointownership. A creator of a work has the right to
holder of copyright. This decision illustrates the finebe identified as such and has the right to object
line between contributing to a work andto derogatory treatment of the work. As with
co-authoring a work.copyright ownership each contributor could have
WHAT IS JOINT COPYRIGHT?moral rights in the work unless they have signed
When there is more than one author or creatoran employee contract or another agreement
of a work each owns a joint copyright. Basically itwhere they waive their rights.
can be a problem for any business whichHOW TO AVOID DISPUTES:
generates copyrighted works where there hasThe best way to avoid litigation later on is to
been collaboration.decide copyright and moral right matters early on.
In general, employers own works that areIt is best to make an agreement before the
created by their employees but this is not trueproject starts which addresses the question of
with work done by contractors of freelancers. Inownership and rights to use of the end product.
that case agreement on copyright ownership isAn agreement should always clearly address the
done through contract. Employers should bewarenature and extent of each party's contribution
of copyright ownership disputes when engagingalong with copyright ownership and moral rights.
staff and freelancers by using appropriate terms.Each person who works or collaborates on the
The issue of joint copyright often arises in theproject should sign it.
publishing industry where such collaborations areIt is also important to keep detailed records of
common. For example one writer will writehow the work progresses and who contributed
several chapters in a book and someone else willwhat. These records will be extremely useful later
edit the same chapters and write several moreon if a suit does arise. After the work is finished it
chapters. In this case the writers would be jointis also ideal if all contributors sign the records to
copyright holders over the whole book. Thisconfirm that they agree with the account in the
situation is also commonly found in the softwarerecords.
industry where a group of people contribute to a