Kogan v Martin: A New Framework for Joint Authorship in Copyright Law
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 to the first instance court’s narrower approach. Then, it examines the new joint authorship framework explaining how it allows the test to be applied with an eye to the reality of collaborative creative endeavours. Finally, the significance of this decision is highlighted, as are some questions which remain unanswered.