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

Thomas Margoni

University of Glasgow - School of Law - CREATe; University of Glasgow - CREATe

Mark Perry

University of New England - School of Law

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)

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

Scotland
United Kingdom

University of Glasgow - CREATe

Glasgow
United Kingdom

Mark Perry

University of New England - School of Law ( email )

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

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