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

By Dr Daniela Simone, Lecturer at UCL Faculty of Laws and Co-Director of the Institute of Brand and Innovation Law.

Close up photo of a person writing in a notebook

15 May 2020

Publication details

Simone, Daniela (2020) ‘Kogan v Martin: A New Framework for Joint Authorship in Copyright Law’, Modern Law Review, 83(4), 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‐collaboration 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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