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

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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

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Author

Claudia Csáky
LL.M. (LONDON) | Dr.iur. (University of Vienna) | Partner
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