Can I Sue the Co-Owners of My Copyright? What the Law Really Says

Updated February 3, 2026

Copyright co-ownership is common — especially in music, film, photography, and other collaborative creative fields. But when money, control, or credit comes into play, co-ownership can quickly turn into conflict. A frequent question we hear is simple but loaded: can you sue the co-owners of your copyright?

Joint Copyright Ownership Under U.S. Law: What It Really Means

Under U.S. copyright law, when two or more authors jointly create a single work, each author is considered a joint owner of the copyright. A work qualifies as a joint work when:

• It is created by two or more authors; and

• The authors intend that their individual contributions merge into inseparable or interdependent parts of one unified work.

Example: several writers collaborate on a television episode script. Each writer contributes with the shared goal of producing one complete episode, not separate standalone works. In that case, the episode is treated as a single joint work, jointly owned by all contributors.

What “Joint Ownership” Actually Entails

Joint ownership means that each co-owner holds an undivided interest in the entire work, not a divided or segmented portion. Unless the parties agree otherwise in a written contract, the default rule is that each co-author owns an equal share of the copyright, regardless of how much each person contributed creatively.

In other words, even if one author wrote more than another, the law presumes equal ownership unless a written agreement states otherwise.

What Joint Ownership Is Not

Joint copyright ownership should not be confused with:

• Co-ownership of exclusive rights, where different parties separately own distinct exclusive rights (for example, one party owns reproduction rights while another owns distribution rights); or

• Collective works, where a party owns the compilation as a whole (such as a magazine or anthology), while individual contributors retain rights in their separate contributions.

These are legally distinct ownership structures with different consequences.

What Joint Owners Can Do Without Permission

Unless joint owners agree otherwise in writing, each joint owner generally may, without consent from the others:

• Use the work;

• Grant non-exclusive licenses to third parties; and

• Transfer or assign their own ownership interest in the copyright.

However, there are important limits.

Licensing Limits: Exclusive vs. Non-Exclusive

A joint copyright owner may grant non-exclusive licenses unilaterally. But exclusive licenses are different.

Without the consent of the other co-owners, a joint owner cannot grant an exclusive license covering the entire copyright or any exclusive right in full. Any exclusive license granted unilaterally is exclusive only as to that owner’s proportional interest, not the entire work.

The Duty to Account for Profits

Although joint owners enjoy broad rights, they are subject to a critical obligation: the duty to account.

If one co-owner exploits the work — for example, by licensing it or collecting royalties — that co-owner must share profits proportionally with the other co-owners.

Example: two composers co-write a song and, absent an agreement, each owns 50%. Either composer may license the song without permission from the other. But if one composer collects licensing income, they must account to the other for their share of the profits.

Similarly:

• One co-owner may sue a third party for infringement without joining the other co-owner;

• A co-owner may transfer their own interest (for example, to a publisher) without consent;

• But that transfer cannot exceed the interest they personally own.

Why You Usually Cannot Sue a Co-Owner for Infringement

A tricky issue arises when one co-owner licenses or exploits the work without informing the others. While this may feel wrongful, a co-owner generally cannot be sued for copyright infringement — because an owner cannot infringe their own copyright.

Instead, the proper legal remedy is typically an action for accounting, not infringement.

Where the Duty to Account Comes From

Interestingly, the duty to account is not explicitly written into the Copyright Act. There is no statutory provision that expressly requires co-owners to share profits.

Instead, this obligation arises from equitable doctrines, such as unjust enrichment, and long-standing common-law principles. Congress acknowledged this when enacting the 1976 Copyright Act:

“There is no need for a specific statutory provision concerning the rights and duties of co-owners of a work; court-made law on this point is left undisturbed. Under the bill, as under the present law, co-owners of a copyright would be treated generally as tenants in common, with each co-owner having an independent right to use or license the use of a work, subject to a duty of accounting to the other co-owners for any profits.”

Statute of Limitations for Accounting Claims

The three-year statute of limitations under federal copyright law generally applies to infringement claims — but not necessarily to accounting actions.

Accounting claims are typically governed by state law, not federal copyright law. Because there is often no specific statute of limitations for accounting claims, courts apply the applicable state “catch-all” limitations period.

In Florida, for example, this is typically four years. The limitations period begins when:

• The wrongful act occurred; or

• The plaintiff knew, or reasonably should have known, of the conduct giving rise to the accounting claim.

Conclusion

Joint ownership gives co-authors broad power and limited protection. While co-owners enjoy flexibility to exploit works independently, the real safeguard lies in clear written agreements, not default statutory rules. When disputes arise, the remedy is usually accounting — not infringement.

This is why documenting splits, licensing authority, and profit-sharing terms upfront is not optional — it’s essential.

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