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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 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 ...
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.
However, there is no standard European definition of the terms "works of joint authorship" and "collective works", so each country must define laws and make legal decisions over when a work with multiple authors is a work of joint authorship, collective work or simply a collection of separate works. [26]
Thus, works created by a state or local government may be subject to copyright. Some states have placed much of their work into the public domain by waiving some or all of their rights under copyright law. For example, the constitution and laws of Florida [18] have placed its government's works in the public domain.
The final version was adopted as title 17 of the United States Code on October 19, 1976, when President Gerald Ford signed it into law. The law went into effect on January 1, 1978. At the time, the law was considered to be a fair compromise between publishers' and authors' rights. [citation needed]
Joint authorship allows the authors to both independently exploit the copyright and to independently license the use of the copyright. [40] A work is considered a joint work if it is a "work prepared by two or more authors with the intention that their contributions be merged into an inseparable or interdependent parts of a unitary whole."
Yes for foreign works of joint authorship, except for countries party to the Canada–United States–Mexico Agreement, i.e. U.S. and Mexico [26] China (People's Republic, Mainland only) No, unless public domain in the country of origin on the date of commencement of the Act [27] Colombia No [28] Democratic Republic of the Congo No [29] [30]