{"id":31926,"date":"2026-02-18T14:20:43","date_gmt":"2026-02-18T14:20:43","guid":{"rendered":"https:\/\/constructionpapers.hu\/?p=31926"},"modified":"2026-02-18T14:20:43","modified_gmt":"2026-02-18T14:20:43","slug":"the-conceptual-distinction-between-joint-works-and-derivative-works-in-architectural-design","status":"publish","type":"post","link":"https:\/\/constructionpapers.hu\/en\/construction\/the-conceptual-distinction-between-joint-works-and-derivative-works-in-architectural-design\/","title":{"rendered":"The Conceptual Distinction Between Joint Works And Derivative Works In Architectural Design"},"content":{"rendered":"

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1. Introduction<\/strong><\/p>\n

This article outlines the copyright law concepts of works created by multiple authors and derivative works, with particular emphasis on distinguishing between joint works and adapted (derivative) works. Our analysis is primarily based on Hungary\u2019s Act LXXVI of 1999 on Copyright (hereinafter: the \u201cCopyright Act<\/strong>\u201d) and its official commentary, the expert opinions of the Copyright Dispute Resolution Board (\u201cSZJSZT<\/strong>\u201d), as well as relevant judicial practice.<\/p>\n

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2. Multi-author works in general<\/strong><\/p>\n

From a copyright law perspective, works created with contributions from multiple authors may be divided into derivative works and into original multi-author works. In the case of derivative works, a new work is created on the basis of an existing work in such a way that the original and individual characteristics of the existing work are necessarily altered. In the case of original multi-author works, the individual creative contributions of the co-authors complement and reinforce each other without modifying one another\u2019s creations. The latter category includes jointly created works, collective works and joint works.<\/p>\n

In the case of jointly created works, the works of several authors are merged in such a way that the authors may not exercise their individual copyright with respect to the combined work [Copyright Act, Sections 6 (1)\u2013(2)].<\/p>\n

A collective work is a work in which the individual and original character lies not in the materials included in the collection but in the act of their selection, arrangement or editing. [Copyright Act, Sections 7 (1)\u2013(3)].<\/p>\n

The most important subgroup of original multi-author works is that of joint works. Joint works are connected by the unity of purpose and inspiration: the intention of the authors is to create a new, unified work in which the individual creations are indivisible or at least interdependent. Accordingly, a joint work may only come into existence as a result of the authors\u2019 joint decision and simultaneous creative cooperation.<\/p>\n

If the individual parts of a joint work created by multiple authors cannot be used independently, the co-authors will hold the copyright in the work jointly and equally. Nonetheless, any of the co-authors may take action against copyright infringement independently.<\/p>\n

A connected work exists where the parts of the joint work can be used independently. In such cases, copyright may be exercised independently with respect to the individual parts; however, the connection of any part with another work requires the consent of all authors of the original joint work.<\/p>\n

Depending on the type of the multi-author work, the copyright is held by:<\/p>\n