Joint Works

Definition

A joint work is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. The authors of a joint work are co-owners of the copyright in the work.

5 Must Know Facts For Your Next Test

1. The authors of a joint work are considered co-owners of the copyright in the work, regardless of their individual contributions.
2. For a work to be considered a joint work, the authors must have the intention that their contributions be merged into a unitary whole.
3. The duration of copyright protection for a joint work is the life of the last surviving author plus 70 years.
4. Collective works, such as anthologies or encyclopedias, are distinct from joint works as they contain separate and independent works assembled into a collective whole.
5. Work for hire is a legal concept that determines copyright ownership when a work is created by an employee within the scope of their employment or when a work is specially commissioned.

Review Questions

• Explain the key characteristics that define a joint work and how they differ from a collective work.
  • A joint work is a work created by two or more authors with the intention that their individual contributions be merged into a single, inseparable or interdependent whole. The authors of a joint work are considered co-owners of the copyright, regardless of their individual contributions. In contrast, a collective work is a compilation of separate and independent works, such as an anthology or encyclopedia, where the individual contributions maintain their distinct identities within the collective work.
• Describe the implications of copyright ownership in a joint work and how it differs from a work for hire.
  • In a joint work, the authors are considered co-owners of the copyright, meaning they share the exclusive rights to reproduce, distribute, and exploit the work. This co-ownership arrangement persists for the duration of the copyright, which lasts for the life of the last surviving author plus 70 years. In contrast, a work for hire is a work created by an employee within the scope of their employment or a work specially commissioned, where the copyright is owned by the employer or the commissioning party, not the individual creator(s).
• Analyze the importance of the authors' intention in determining whether a work is considered a joint work and the implications this has for the term of copyright protection.
  • The authors' intention is a crucial factor in defining a joint work. If the authors intend for their individual contributions to be merged into an inseparable or interdependent whole, then the work is considered a joint work, and the authors are co-owners of the copyright. This has significant implications for the term of copyright protection, as the duration of a joint work's copyright lasts for the life of the last surviving author plus 70 years. This is in contrast to a work for hire or a collective work, where the copyright term may be calculated differently. The authors' intention is therefore a key determinant in understanding the copyright status and ownership of a work.

Related terms

Collective Work: A work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole.

Work for Hire:

A work prepared by an employee within the scope of their employment or a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

Copyright Ownership: The exclusive legal right to reproduce, publish, sell, or distribute the matter and form of a literary, musical, dramatic, or artistic work.