How to determine the copyright ownership of collaborative works

Regarding the definition of ownership of collaborative works, it is generally believed that the creation of a collaborative work requires the consent of the co-authors. If one party incorporates the other party's work into its own work without the consent of the other party, or makes certain modifications to the other party's work , after the supplement, he is considered to be a co-author of the work. In this case, not only cannot he become a co-author of the work, but it also infringes the Copyright of the work. So, how to determine the copyright ownership of collaborative works? The editor of Legal Savior Network will give you detailed answers.

How to determine the ownership of the copyright of collaborative works

Article 13 of my country’s Copyright Law stipulates: “If two or more people collaborate to create The copyright of a work is shared by co-authors. People who did not participate in the creation cannot become co-authors." "If a collaborative work can be divided and used, the authors can enjoy separate copyrights for the parts they created, but the copyright of the collaborative work as a whole must not be infringed upon when exercising the copyright." That is to say, there may be issues between overall copyright and independent copyright in collaborative works. The overall copyright is shared by the co-authors. If the collaborative work can be divided and used, the author of the divisible part has separate copyright for that part. However, when exercising copyright, the entire copyright of the collaborative work must not be infringed.

The joint enjoyment of collaborative works includes sharing in shares and joint ownership. Copyright owners share rights and assume obligations according to their share of the rights to the part of the work they created, that is, they share the rights in shares. Each co-owner of a copyright in shares has the right to transfer his or her share of the property, but at the time of transfer, other co-owners in shares have the first right to purchase under the same conditions. Co-ownership of copyright means that the co-owners of the copyright do not divide their respective shares of the copyright, but jointly enjoy the rights and assume obligations for the collaborative works. When jointly owned copyright owners divide their property rights, they generally divide them equally.