Kogan v Martin: A New Framework for Joint Authorship in Copyright Law
By Dr Daniela Simone, Lecturer at 果冻影院 Faculty of Laws and Co-Director of the Institute of Brand and Innovation Law.
15 May 2020
Publication details
Simone, Daniela (2020) 鈥Kogan v Martin: A New Framework for Joint Authorship in Copyright Law鈥,聽Modern Law Review,聽83(4),听877-892.
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鈥恈ollaboration default standard. This case note contrasts the appeal court's nuanced framing of the dispute with the first instance court's narrower approach. The note then examines the new joint authorship framework and explains how it allows the test to be applied with an eye to the reality of collaborative creative endeavours. Finally, the significance of Kogan v Martin is highlighted, as are some questions which remain unanswered.
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Image credit: 漏 果冻影院 Digital Media, 2015聽