Joint Copyright Ownership: What Happens When Two People Write the Same Thing

Copyright rights are often divided among all contributing parties. In many cases, if two people write the exact same thing at the same time, legally, the copyright is jointly held unless there is a written agreement specifying otherwise. This article explores the legal implications of jointly owned copyright and the key considerations when dealing with co-authors.

Default Joint Ownership

Without a written agreement, the law typically assumes equal ownership of a jointly created work. For example, if one person contributes 10% and the other contributes 90%, they each own 50% of the copyright. This ownership applies to both benefits and liabilities of the work. This principle is crucial to understand, especially in collaborative efforts where the contributions may be harder to quantify.

Legal Quandaries and Court Decisions

Legal decisions regarding copyright often turn on the specifics, particularly the factual record. When two individuals write the exact same thing at the same time, it can be difficult to determine who should be considered the rightful owner. However, it is important to note that unless there is a written agreement stating otherwise, both individuals are considered joint owners.

Feist Standard and Creativity

To be considered copyrightable, a work must meet the Feist Standard, which states that a work must have some modicum of originality, even if it is minimal. This means that if two people simply write the same sentence or paragraph, it may not be considered a copyrightable work. The true test lies in the overall creativity and originality of the work, not just its sameness.

Proving Ownership and Prioritization

In the extremely unlikely event that two people write exactly the same thing at the same time, both individuals would be considered joint owners. However, registering the copyright first can provide concrete evidence of the seniority of the owner's claim. This is an important strategic advantage in any legal dispute, as it establishes priority rights.

Copyright is granted automatically to any work expressed in a tangible form. When two people write an article, for instance, they share the copyright. This underscores the importance of clear agreements and documentation in collaborative works to avoid potential ownership disputes.

Understanding the nuances of joint copyright ownership is crucial, especially in the world of online content creation. Legal clarity and documentation can prevent future complications and ensure that all contributors receive the appropriate recognition and benefits for their work.

Conclusion

While the situation of two people writing the exact same thing at the same time is unusual, the legal framework for joint copyright ownership is well-established. Recognizing and understanding your rights and obligations as a co-author is essential to protect both your creative effort and your legal standing.