804.8(A) Joint Authorship
A "joint work" is "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." 17 U.S.C. § 101.
Scripts for stage and screen are often written by multiple authors. If the authors of the script intend to merge their contributions into inseparable or interdependent parts of a unitary whole, the script is a joint work, and the applicant should name all the joint authors in the application.
Musical plays containing script, lyrics, and music are frequently written by multiple authors. If the authors of the script, lyrics, and music intend to merge their contributions into inseparable or interdependent parts of a unitary whole, the musical is a joint work, and the applicant should name all the joint authors in the application.
For examples that illustrate these practices, see Section 801.6.
804.8(A)(1) Intent to Merge into a Unified Whole
Different components of a dramatic work may be registered together as a joint work if the authors intended to merge their contributions into a single, unitary whole. By contrast, the elements should be registered separately if there was no intent to merge the elements when the authors created them. If there is some indication in the registration materials that the authors of the separate elements did not intend to merge the elements into a unitary whole [e.g., separate copyright notices), the registration specialist may communicate with the applicant to clarify the authors' intent.
804.8(A)(2) Weight of Contribution to the Work as a Whole
When all of the authors' contributions [e.g., score, music, lyrics, script, book/libretto) have comparable weight and the application names all of the contributors as authors [e.g., composer, lyricist, playwright), the registration specialist will not communicate with the applicant to clarify the facts of authorship. If there is some indication in the registration materials that one or more authors did not contribute copyrightable authorship to the work as a whole (e.g., statements on the deposit or application), the specialist may communicate with the applicant to clarify the facts of authorship.
Examples:
• Two authors of a musical play submit one application to register a musical play as a joint work. Author A wrote the libretto, and Author B wrote the lyrics and music. Both authors claim ownership in the musical play as a whole. The musical play will be registered as a joint work.
• Three authors of a hip-hop musical play wish to register their copyright claims as a joint work. The work contains a sixty-page script and fifteen songs. Author A wrote the script, Author B wrote thirteen of the fifteen songs, and Author C wrote two of the fifteen
Chapter 800 : 67
12/22/2014
