Marketability is key: if a work can be separated it is not a joint work

circle light

In a welcome development of Austrian copyright law, the Supreme Court recently ruled that a combination of works by two artists does not constitute a joint work if it can be separated, even if the works involved were created for the sole purpose of being combined as a jointly planned contribution. Strong indicators of whether parts of a work are separable are the individual marketability and possible depreciation of the separated parts.

ILO-Newsletter, dd. 8 December 2018

About ILO (International Law Office)

Inquiry note:

Graf Isola Logo

GRAF ISOLA Rechtsanwälte GmbH
T +43 1 401 17 – 0
E marketing@grafisola.at