Does a co-owner of a copyright have to account to other co-owners for any profits they earn from licensing or use of the copyright?

MultiRegion, United States of America

The following excerpt is from Corbello v. DeVito, 113 U.S.P.Q.2d 1789, 777 F.3d 1058 (9th Cir. 2015):

A co-owner of a copyright must account to other co-owners for any profits he earns from licensing or use of the copyright. Oddo v. Ries, 743 F.2d 630, 633 (9th Cir.1984). Copyright law considers both exclusive licenses and assignments to be transfer[s] of copyright ownership. 17 U.S.C. 101. The statute enumerates various rights that copyright owners hold, including the right to prepare derivative works based upon the copyrighted work. Id. 106(2). Copyright owners may transfer [a]ny of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, id. 201(d)(2), so long as the transfer is evidenced by a signed writing, id. 204(a).

Other Questions


Can a copyright holder give an implied license to another copyright holder? (MultiRegion, United States of America)
Is a copyright holder entitled to sue the owner of an exclusive right under copyright? (MultiRegion, United States of America)
What is the role of a second jury in the trial of an accountant who falsified an accountant's financial statement? (MultiRegion, United States of America)
Can a gift be profitable when the tax benefits are taken into account? (Canada (Federal), Canada)
What is the difference between a copyright holder's right to use a copyrighted work without permission? (MultiRegion, United States of America)
What is the test for determining whether a portion of a copyrighted work can be used without the consent of the copyright owner? (MultiRegion, United States of America)
Is a driver's failure to produce a license presumptive evidence that he was not duly licensed? (MultiRegion, United States of America)
Does a motor vehicle license need to be registered as a valid license? (MultiRegion, United States of America)
What is the impact of copyright protection and the need for copies of copyrighted material to be deposited promptly? (MultiRegion, United States of America)
What is the test for establishing that a copyright is not a "tenant in common" with the co-owners of the copyright? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.