Honolulu, HI asked in Copyright and Intellectual Property for Hawaii

Q: If a motion picture has joint copyright owners, can one owner unilaterally create derivatives?

without the permission from the other owner? meaning extract individual clips from the motion picture and create new content?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If a motion picture has joint copyright owners, one owner generally cannot create derivative works, like extracting clips or producing new content, without the consent of the other owner(s). Copyright law treats joint ownership as requiring agreement from all co-owners for significant changes or new uses of the work.

When dealing with joint ownership, both parties share the rights equally, meaning any decision to alter or expand on the original work must have mutual approval. This is especially important when creating derivative works, as it could affect the overall value or purpose of the original content.

To avoid potential legal conflicts, it's best to consult with the other copyright owner before moving forward with any changes or new creations based on the shared work. This ensures clarity and prevents disputes over unauthorized use.

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