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WHERE MATERIAL WRITTEN BY MORE THAN ONE PERSON 41
on behalf of the co-tenants and enjoin the reproduction of the common work.52
One of two or more co-authors may sell or assign his own share or right in the common work.53
With respect to the co-authors themselves, the law has not been definitely settled whether one must account to the other for his share of the profits. The rule seems to be that each may retain whatever moneys he may have secured from the exploitation of the motion picture rights of the work without accounting for any part thereof to his co-authors,54 unless by contract the co-authors have agreed to the contrary.
62 Herne v. Liebler (1902), 73 (N. Y.) A. D. 194; Osborne v. Schenck (1880), 83 N. Y. 200.
53 May v. CHaffee (1871), 2 Dillon C. C. 385.
54 Carter v. Bailey (1874), 64 Me. 458. “In the absence of any contract modifying their relations, copyright proprietors are simply owners in common . . . each owning a distinct but undivided part which or any part of which alone he can sell, as in the case of personal chattels.”
“The statute confers upon all the owners full power, without exacting any obligation in return to print, publish and sell. . . . Each can exercise his own right alone without using, or receiving any aid or benefit whatever from
the title or property of the other. But if none be allowed to enjoy his legal interest without the consent of all, then one, by withholding his consent, might practically destroy the value of the whole use. And a use only upon condition of an accounting for profits, would compel a disuse, or a risk of skill, capital and time with no right to call for a sharing of possible losses. When one owner by exercising a right expressly conferred upon him, in nowise uses or molests the right, title, possession or estate of his co-owners, or hinders them from a full enjoyment or sale and transfer of their whole property, we fail to perceive any principle of equity which would require him to account therefor. If owners