Co-authors shall be the first joint holders of the copyright in a joint work in conformity with Law-No.-2000-011-of-December-19-2000-on-Copyright-and-Neighbouring-Rights of Cameroon.
However, except where otherwise agreed between the co-authors, if a joint work can be divided into independent parts, each co-author shall be free to use the independent part which he created while remaining a joint holder of the rights linked to the joint work considered as a whole. However, the use shall not be prejudicial to that of the joint work.
Co-authors shall exercise their rights by mutual agreement. The co-author who takes the initiative of going to court to defend his patrimonial rights shall be bound, under pain of inadmissibility, to involve his co-authors.
The updating of the components of a work belonging to one of the co-authors may not be done without his consent or without a formal notification to do so if he objects.
The co-author who voluntarily allows the exploitation of a joint work without making any claims shall be considered as having disclaimed the profits derived from the exploitation. However, he may exercise the rights of co-author in future.
Except as otherwise agreed, the share of each co-author in profits derived from exploiting the work shall be proportionate to his contribution in the creation.
A joint work shall be subject to a collaboration agreement. In case of disagreement, the court with jurisdiction shall rule.
Notwithstanding the rights of the co-author arising from his contribution to a joint work, the other co-authors may, by mutual agreement, put an end to the contribution which this co-author did not complete following a refusal or in a case of force majeure.
The joint work shall be considered as having been completed when the final version was established by mutual agreement between the co-authors. For joint works which are commissioned works, the final version shall be established by mutual agreement between the co-authors and the person who commissioned the work.
KEY RIGHTS AND RESPONSIBILITIES OF CO-AUTHORS IN THE CAMEROON MUSIC INDUSTRY
Ownership: All co-authors have an equal ownership share in the entire work unless they have a written agreement that specifies a different split.
Licensing: Each co-author can grant non-exclusive licenses without the consent of the others.
Exclusive rights: No single co-author can grant exclusive rights to the work (like a long-term publishing deal) without the written consent of all other co-authors.
Royalties and income: Every co-author must share all royalties and income generated from the song with the others, regardless of how they are split.
Credit: Each co-author has a legal duty to ensure that all writers are credited whenever the work is published or performed.
Written agreements: It is crucial to have a written agreement (often called a split sheet) to define ownership percentages, how to handle licensing, and how income will be divided to prevent disputes.
WHO OWNS THE COPYRIGHT IN A CO-PUBLISHING DEAL IN THE CAMEROON MUSIC INDUSTRY?
Under the co-publishing agreement, the songwriter co-owns the copyright in his or her songs (usually through a wholly owned company) and receives a portion of the publisher's share of income (usually 50%) in addition to the songwriter's share.