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Shared Copyright Agreement

Written By: Chris - Apr• 12•21

The authors own the work of the same nature and solidarity, unless the authors get along differently. Every common author has the right to exercise one or all of the exclusive rights inherent in the common work. Any author can: In general, a publishing house may reprint an article of an issue in a later edition of its newspaper or magazine (“a subsequent collective work in the same series”). However, when publishers publish in new media, legal issues become more complex. In one case, the New York Times digitized articles from its print edition, put them in a database and made them available individually online. The Supreme Court held that, because the online version of the articles was individually searchable, they infringed the copyrights of free authors because they were “separate from their original context” and did not recreate the original selection and arrangement. See New York Times Co. v. Tasini, 533 U.S. 483 (2001). On the other hand, the Court proposed that the preservation of collective work by microfilm be an acceptable overhaul, insofar as the microfilm retains the original organization, layout and context of collective work.

For example, a magazine publishing house can distribute digital scans of its printed magazines, as the resulting work uses “almost identical selection, coordination and layout” of the underlying works, as they are used in the original collective works. See Faulkner v. National Geographic Enters., 409 F.3d 26, 38 (2nd Cir. 2005). A “material contribution” must be independently protected by copyright (i.e. original, fixed in a tangible means of expression, and not from material not protected by copyright, such as facts or ideas). If you only contribute to non-copyrighted elements, such as ideas and suggestions, you are not an author. As a general rule, the copyright of a work is primarily the property of the creator of the work, but this is not always the case. Another example we are saying is that you work with a group of journalists and someone works regularly. If the publisher only fixes facts or makes minor grammatical changes, you are still the only copyright holder. However, if the publisher`s changes are more substantial to provide original content or original views, the work could be written together. Collaborators should attempt to clarify common ownership interests in a written (or even oral) agreement that deals with the following: if two or more authors prepare a work with the intention of combining their contributions into inseparable or interdependent parts, the work is considered a common work and the authors are considered to be co-responsible rights holders.

The most common example of a common work is when a book or article has two or more authors. However, if a book is written in the first place by one author, but another author contributes to a specific chapter of the book and becomes recognized for that chapter, it would probably not be a common work, because the contributions are not inseparable or interdependent. Co-author and cooperation are commonplace in the publishing industry. Examples of co-authors and collaborations may be a co-author, illustrator, ghost writer, book packer or work containing copyrighted materials owned by another author or artist.

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