What are the rules relating to IP and copyright when a partnership splits up?
Does each partner have the right to use co-created works, do they have to ask their ex-partner for permission, do they have to credit ex-partner in any publications, use or display of works?
Alasdair Taylor's Answer
To keep things simple, I’ll assume for the purposes of this answer that:
- copyright is the only relevant right;
- the works in question are works of joint authorship, such that the parties’ contributions cannot be disentangled; and
- there is no agreement, formal or informal, specifying or otherwise affecting the parties’ rights in relation to copyright (inc a partnership agreement).
In these circumstances, exploitation will need both parties approval. For more details, see: