Re: Query

fact question for the jury -- inference of publishing the two together and sharing of royalties and lack (presumably) of separate market (at least initially) supports that inference -- so a joint work.

But twist the facts a bit, and it could be two separate works (or many -- each illustration being a separate one) and not a joint work, just a combined set of works, a compilation, if you will.

Steve

On Aug 16, 2005, at 5:30 PM, Heather Vargas wrote:

> I am interested in list member's opinions regarding the following
> hypothetical that a colleague and I have been discussing.
>
> An author writes a story. An illustrator provides illustrations.
> The work is published and registered in the names of both parties.
> It is pre-1978. The registration is renewed in the names of both
> parties. Both parties are deceased so we cannot ask them about
> their intent.
>
> Joint work?
>
>
>
>
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-- 
Prof. Steven D. Jamar                                 vox:  202-806-8017
Howard University School of Law                       fax:  202-806-8428
2900 Van Ness Street NW                         
mailto:sjamar[_at_]law.howard.edu
Washington, DC  20008      http://www.law.howard.edu/faculty/pages/jamar

"God, give us grace to accept with serenity the things that cannot be  
changed, courage to change the things which should be changed, and  
the wisdom to distinguish the one from the other."

Reinhold Neibuhr 1943