Burbank v. O’Hara, 2023 U.S. App. LEXIS 5234 (9th Cir. 2023)
In the evolving music industry, the collaborations between artists can lead to complex legal disputes concerning co-authorship and the resulting rights to the respective creations. The case of Burbank v.
What criteria must be met for individuals to be considered co-authors of a joint work under copyright law, and how should royalties be distributed when contributions are not equal?
Under copyright law, co-authors of a joint work are individuals who have both intended to be co-authors and whose contributions are independently copyrightable. Additionally, the specific terms of any written or verbal agreement concerning the distribution of royalties will be enforced.
The Ninth Circuit held that Burbank and O’Hara were co-authors based on their expressed intent and contributions, as reflected in communications and work shared. However, without a formal unified agreement dictating distribution, equal royalty sharing was presumed.
This case is crucial as it highlights the importance of formal contracts in creative collaborations to prevent disputes over rights and revenues. It illustrates a judicial preference for clear documentation, although informal communications can establish intentions of co-authorship. The ruling guides future collaborations, urging detailed agreements to avoid the presumption of equal sharing.