Joint authorship in copyright law: flexibilities to future-proof the test

Modern collaborative creative practices seem to challenge every element of copyright law’s joint authorship test. This article provides an in-depth analysis of the test, an aspect of copyright that has been described as uncertain and plagued with misconceptions. Despite prevailing restrictive interpretative trends in the case law, I argue that the Australian test contains more flexibility than meets the eye. Kogan v Martin, a recent landmark UK case, offers a valuable resource for Australian courts and advocates because it sets out a more analytical and inclusive approach to joint authorship. To better future-proof the law of joint authorship, courts should adopt broader interpretative approaches that allow it to adapt to a range of creative practices.