Divergence Between the UK and USA 245 JOINT AUTHORSHIP in COMPARATIVE PERSPECTIVE: LEVY V
\\jciprod01\productn\C\CPY\62-2\CPY202.txt unknown Seq: 1 13-JUL-15 16:08 Divergence Between the UK and USA 245 JOINT AUTHORSHIP IN COMPARATIVE PERSPECTIVE: LEVY V. RUTLEY AND DIVERGENCE BETWEEN THE UK AND USA by ELENA COOPER* Recent scholarship has pointed to the diversity of copyright, and in- tellectual property laws more generally, in the common law world. In the place of a picture of convergence and uniformity, in The Common Law of Intellectual Property, Catherine Ng, Lionel Bently and Giuseppina D’Agostino argue that the “commonality” of intellectual property laws in common law jurisdictions has “latterly . become increasingly fractured.” As they observe, drawing together a series of essays, the cumulative effect of diversity in many aspects of intellectual property law supports the “the- sis of growing divergence in the approaches taken by the courts and legis- latures of various common law countries”; the result is “a strong case that the approaches taken in the common law countries are anything but common.”1 A copyright doctrine left unconsidered by The Common Law of Intel- lectual Property is joint authorship. A number of developments in this area point to legal variation across common law jurisdictions in recent times.2 Amongst these are judicial decisions in the UK and the U.S., *Junior Research Fellow, Trinity Hall, Cambridge and Research Fellow in Copy- right Law, History and Policy, CREATe Copyright Centre, University of Glasgow. The author benefitted from discussions that formed part of the Research Council funded project Of Authorship and Originality in particular with the other two members of the Cambridge University team, Lionel Bently and Laura Biron, and with Stefan Van Gompel while the author was a visiting scholar at IVIR, Univer- sity of Amsterdam in 2012.
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