This series highlights the legal complexities of co-ownership of intellectual property — copyrights, trademarks and patents. The assets involved can be as varied as brand names, trademarks and logos, as well as creative works such as songs, artwork, plays, films, music, symbols, inventions and written materials. Co-ownership issues span all industries and affect individuals, collaborators, […]
Read moreMonth: August 2025
Copyrights and Co-Ownership
What is Co-Ownership? In the Supreme Court’s seminal 1884 copyright case, the Court held that an author is the individual who originates, makes and produces the work. Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53, 61 (1884). A joint work is a work created by two or more authors who intend that their contributions form […]
Read moreTrademarks and Co-Ownership
A trademark is a word, symbol or device used by an entity or an individual capable of indicating a source of goods or services. 15 U.S.C. § 1127. A trademark functions as a source indicator of reputation and reduces consumer deception. Park ‘n Fly v. Dollar Park & Fly, 469 U.S. 189, 198 (1985). Trademarks […]
Read moreContracting Checklist for Intellectual Property Co-Ownership Agreements
Creative industries often involve collaborative projects with numerous moving parts, shifting roles, and evolving timelines. Due to this fluidity, it is common for projects to move forward based on informal agreements rather than formal contracts, particularly when resources are limited. In some ways, this flexible approach makes sense as contributors may come and go, and […]
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