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Kogan v Martin: A New Framework for Joint Authorship in Copyright Law

Simone, D; (2020) Kogan v Martin: A New Framework for Joint Authorship in Copyright Law. The Modern Law Review , 83 (4) pp. 877-892. 10.1111/1468-2230.12538. Green open access

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Abstract

The Court of Appeal has set out a new framework for the application of copyright law’s joint authorship test in a recent landmark case. Kogan v Martin brings some welcome clarity to the complex joint authorship landscape, embedding an inclusive pro-collaboration default standard. This case note contrasts the appeal court’s nuanced framing of the dispute to the first instance court’s narrower approach. Then, it examines the new joint authorship framework explaining how it allows the test to be applied with an eye to the reality of collaborative creative endeavours. Finally, the significance of this decision is highlighted, as are some questions which remain unanswered.

Type: Article
Title: Kogan v Martin: A New Framework for Joint Authorship in Copyright Law
Open access status: An open access version is available from UCL Discovery
DOI: 10.1111/1468-2230.12538
Publisher version: https://doi.org/10.1111/1468-2230.12538
Language: English
Additional information: © 2020 The Author. The Modern Law Review published by John Wiley & Sons Ltd on behalf of Modern Law Review Limited. This is an open access article under the terms of the Creative Commons Attribution‐NonCommercial‐NoDerivs License, which permits use and distribution in any medium, provided the original work is properly cited, the use is non‐commercial and no modifications or adaptations are made.
Keywords: Copyright, joint authorship, collaboration, film, creativity, screenplay
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10095052
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