Ownership in Complex Authorship: A Comparative Study of Joint Works in Copyright Law

European Intellectual Property Review, 2012, 34 (1), 22-32

16 Pages Posted: 27 Jan 2012 Last revised: 21 Jun 2012

See all articles by Thomas Margoni

Thomas Margoni

Centre for IT & IP Law (CiTiP), Faculty of Law - KU Leuven; University of Glasgow - School of Law - CREATe

Mark Perry

University of New England - School of Law; University of Western Ontario - Faculty of Law; the University of Western ONtario ; The University of Auckland; University of New England

Date Written: January 26, 2012

Abstract

Copyright legislation, at least in its implementation, can be seen as a triumph of international harmonisation. However, in the area of joint works this is not the case. In the comparison of a North American and European country we observe very different outcomes, despite the similar statutory definitions in copyright legislation. However, the explanation for the divergence of application is not to be found in copyright law, but rather the parts of property law that deal with tenancy in common. Starting from this observation the article uses comparative analysis of rules and remedies available in both systems and concludes with recommendations towards a more fair and efficient framework.

Keywords: Intellectual property, copyright, joint works, tenancy in common, comparative law

Suggested Citation

Margoni, Thomas and Perry, Mark, Ownership in Complex Authorship: A Comparative Study of Joint Works in Copyright Law (January 26, 2012). European Intellectual Property Review, 2012, 34 (1), 22-32 , Available at SSRN: https://ssrn.com/abstract=1992610 or http://dx.doi.org/10.2139/ssrn.1992610

Thomas Margoni (Contact Author)

Centre for IT & IP Law (CiTiP), Faculty of Law - KU Leuven ( email )

Brussels
Belgium

University of Glasgow - School of Law - CREATe ( email )

Scotland
United Kingdom

Mark Perry

University of New England - School of Law ( email )

Armidale, New South Wales 2351
Australia
=61 2 67732901 (Phone)

University of Western Ontario - Faculty of Law ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
1519661211 (Phone)

HOME PAGE: http://www.csd.uwo.ca/~markp

the University of Western ONtario ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
1519661211 (Phone)

HOME PAGE: http://www.csd.uwo.ca/~markp

The University of Auckland ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

University of New England ( email )

School of Law
Armidale, New South Wales 2351
Australia

HOME PAGE: http://une.edu.au/law

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
927
Abstract Views
5,585
rank
28,871
PlumX Metrics