Rules relating to IP when a partnership splits

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?

59 viewsintellectual property law

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:

https://seqlegal.com/blog/joint-ownership-copyright

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