applies when two or more artists have, from the very beginning, a shared intention to produce unified result. It does not apply for separate works that merely appear together.
Shared Creation
Joint contributions need to be inseparable. This could mean a sculpture created collaboratively by two artists, a jointly painted canvas, or a site-specific installation conceived and executed together by multiple artists. In some cases, the contributions may be interdependent: each part has its own character, but the artists intended them to function as a single artistic whole. What matters is the shared intention to produce one coherent work.
Shared Rights
Joint authors share rights and responsibilities. In some jurisdictions, particularly under systems, each co-author may usually grant without the others’ consent, though they must account to their co-authors for any profits earned. In many other jurisdictions, especially under systems, any exploitation of the work, including non-exclusive licensing, generally requires the consent of all co-authors.
Actions that affect the exclusivity of rights, such as assigning (transferring rights) or granting an (for example, , publication, or communication to the public) generally require the consent of all co-authors.
When two or more creators work together on a single work, they may choose to set out their respective contributions and rights in a . Such a contract can clarify each creator’s responsibilities, how decisions are made, and how any economic rights or revenues will be shared.
There are many creative examples of joint authorship in the art world. In the United Kingdom, the duo Gilbert & George have worked together since the 1960s, presenting their art as one unified voice. In Brazil, twin brothers Otávio and Gustavo Pandolfo, paint and sculpt together under the name OSGEMEOS. Their work cannot be separated into “his” or “mine”, as it represents one shared artistic identity.
For more information about this, visit our topics on Rights Transfer and Licensing, and Agreements and Arrangements.
Image credit: Deagreez