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LSDefine

Simple English definitions for legal terms

joint work

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A quick definition of joint work:

Joint work is when two or more people create something together. They all have equal ownership of the creation, even if they didn't contribute the same amount. This means they can all use and make money from the creation, but they have to share the profits. Courts use rules to decide if something is a joint work, like if the creators intended to work together and if their contributions are important enough to count. If someone only gave ideas and didn't help make the creation, they might not be considered a creator. If someone was paid to make the creation, they might not be a creator either.

A more thorough explanation:

Joint work refers to work that is created by two or more people. When a creation is considered a joint work, all creators have ownership rights over it. This means that each creator is a "co-owner" and can use and license the work, but they must share the profits with the other creators.

The Copyright Act defines a joint work as "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." For example, a song is a joint work because the lyrics and music are interdependent.

However, determining whether a creation is a joint work can be difficult when individual contributions are less clear-cut. Courts have developed tests to determine who qualifies as an "author" and whether a contributor is a co-author of a joint work. For example, the Seventh Circuit follows the "copyrightable" test, which requires a contributor to have contributed more than mere direction or ideas and to have translated those ideas into a fixed and tangible expression entitled to copyright protection.

Ultimately, joint work is important because it allows multiple creators to share ownership and control over a creation.

  • A song with lyrics and music created by two people is a joint work.
  • A painting created by two artists who each contributed different elements to the final piece is a joint work.
  • A book written by two authors who each wrote different chapters is a joint work.

These examples illustrate how joint work involves multiple creators who contribute to a single creation. In each case, the creators share ownership and control over the final product.

joint venture | Jones Act

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