A copyrighted work created by more than one author in which the authors’ contributions cannot be segregated. If the contributions are segregable, the work is referred to as a Collective Work
In such a joint work ownership of copyright depends on the relationship between the authors and the work:
- If they are employees, the copyright usually vests in the employer (subject to shop-right
- If they are independent, ownership depends on the agreement between the authors, or absent an agreement is typically joint and shared.
This latter situation can be problematic, as, in some jurisdictions, joint ownership means that the authors can each exploit the work as they wish, while in others, notably France and Germany, the consent of all joint owners is required to any copyright license.
Work of Joint Authorship is often incorrectly colloquially referred to as a collective work, though strictly speaking it is a “different animal.” So a collective work in its statutory definition usually refers to a collection of works of different authors – an anthology, encyclopaedia, etc. whereas a work of joint authorship is a single non-segregable work with many contributors, for example a large piece of commercial software, a movie with many screen-writers, etc. The definition in Irish copyright law may be useful in understanding what a joint work is:
22.—(1) In this Act, “a work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.
(2) A film shall be treated as a work of joint authorship unless the producer and the principal director are the same person.
(3) A broadcast shall be treated as a work of joint authorship if more than one person makes the broadcast and the contribution of each person is not distinct from that of any of the others involved in making that broadcast.
(4) References in this Act to the author of a work shall, unless otherwise provided, be construed, in relation to a work of joint authorship, as references to all of the authors of the work.