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ON THE DIFFERENCES BETWEEN CO-AUTHORED WORKS AND REMUNERATED COLLABORATIVE WORKS

Patricia

By: Ricardo Gomez

In the process of creating a literary or artistic work, it is common to find those that have arisen thanks to the contributions of several authors with the aim of creating a unified work. In this regard, the Federal Copyright Law contemplates different treatments for this type of work, depending on the level of participation of the authors and who took the initiative for their creation, and classifies them as: I) co-authored works and II) remunerated collaborative works..

Co-authored works are those in which all authors enjoy the economic rights, to a greater or lesser extent, but with a clear distribution of these, which will depend on their degree of participation.

Indeed, if a work results in such a degree of homogeneity that it does not allow the identification of the participation of each of the authors, in the absence of contrary provisions, the economic rights will be divided equally among them. 1In addition, the faculties relating to the disclosure, collection, and integrity of the work will correspond to them equally, and the consent of the majority will be required for their exercise. 2.

Likewise, each co-author may request the registration of the work in the Public Registry of Copyright, unless otherwise stipulated. 3.

Another relevant point is that, in this type of work, the percentages of rights increase in favor of the other authors in case of the death of one of them. 4.

On the other hand, remunerated collaborative works are those that are produced by a third party (commonly known as a "coordinator"), with the collaboration of other authors. Unlike co-authored works, the authors only receive compensation for their collaboration, without participating in the economic rights of the work. 5.

Collaborators also do not usually have the faculties of disclosure, collection, and integrity of the work, unless stipulated otherwise in the corresponding contract. 6.

In summary, it is important to identify the type of work that is being dealt with due to the particular treatment that the Federal Copyright Law gives to these creations, especially with respect to economic rights, and thus establish in favor of the authors the conditions that reflect the nature of the act.

1 Article 80, first paragraph of the Federal Copyright Law
2 Article 80, second paragraph of the Federal Copyright Law
3 Article 80, fifth paragraph of the Federal Copyright Law
4 Article 80, sixth paragraph of the Federal Copyright Law
5 Article 83, first paragraph of the Federal Copyright Law
6 Article 83, first paragraph of the Federal Copyright Law

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