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The leading case of joint authorship in India is Najma Heptulla v. Orient Longman Ltd. and Ors. In this case, the plaintiff is the legal heir of the author of the book India Wins Freedom. The defendant is the publisher of said book. [43]
The case mentioned that copyright is only granted to the authors of a work [4] and also gave the definition of joint Authorship as follows, "a work created by two or more Authors in collaboration, in which individual contributions are indistinguishable from each other".
The case reviewed s. 10(1) which defines a "work of joint authorship." Section 10(1) states that a work of joint authorship is 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/author's.
The parties subsequently filed a “Joint Motion for Entry of Consent Judgment.” The consent judgment has the following terms: Reid was the author of Third World America and solely owned the copyrights to three-dimensional copies of the work, but Reid agreed to certain restrictions on how three-dimensional copies presented the work.
However, if all of the authors participated in an indistinguishable manner in creating the constituent works and in selecting and arranging the various constituent works, than it would probably be more appropriate to classify such a collaborative work as a work of joint authorship instead of as a compilation.
The author generally is the person who conceives of the copyrightable expression and "fixes" it in a "tangible medium of expression." Special rules apply when multiple authors are involved: Joint authorship: The US copyright law recognizes joint authorship in Section 101. [28] The authors of a joint work are co-owners of a single copyright in ...
Article 2 states that in the case of a work of joint authorship, the term referred to in article 1 is to be calculated from the death of the last surviving author. [1] Article 3 states the rights of performers shall expire 50 years after the date of the performance. [1]
Itar-TASS, several Russian newspapers, and a Russian association of professional journalists (the Union of Journalists of Russia, in Russian: Союз журналистов России) sued Russian Kurier, its owner, and its printing company for copyright infringement in 1995 in the United States District Court for the Southern District of New York.