What is the test for a joint author of a work?

British Columbia, Canada


The following excerpt is from Neudorf v. Nettwerk Productions Ltd., 1999 CanLII 7014 (BC SC):

The court in Clogston, at p. 1159, held that Childress v. Taylor had established a three-prong test: 1) each of the collaborators intended the other to be a joint author of the work; 2) each author's work was independently copyrightable; and 3) each author intended that his work be merged into inseparable or interdependent parts of the whole.

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