For a character created together, is the copyright split 50/50? Joint works vs. Combined works

It is not necessarily the case that a single person brings a character into the world. Sometimes one person creates the character's story and worldview while another handles the design, and other times, multiple people exchange ideas to complete a single character. At first, you might not give much thought to copyright issues, assuming that everyone's role is clear and the copyright is split 50/50.

The problem begins when a character grows into a brand. If a character that started on Instagram gains popularity, leading to the creation of merchandise or the release of emojis, and even attracts licensing offers from brands, the story changes.
In this case, who holds what rights and who can decide on IP monetization becomes just as important as who created the character. Particularly for characters created by multiple people, it is easy to assume that copyright is automatically split equally, but the actual rights relationship is not that simple.

✔️ What is a joint work?

Just because we created it together doesn't mean the copyright is split 50/50.

If multiple people created a character together, firstJoint workIt is necessary to examine whether this applies. In this case, a joint work does not simply mean that two or more people participated in the production. You must also consider whether there was an intention to create the character together, whether each person contributed to the creation, and whether it is difficult to separate and use their respective contributions individually.

Let me give you an example to make it easier to understand. Let's assume two artists completed a single character by modifying its face, form, and features together. In this case, both individuals contributed to the creation, and since it is difficult to clearly distinguish whose work is whose, it is hard to utilize the parts created by each person separately. Therefore, it can be considered a joint work.

In principle, the agreement of all co-authors is required to exercise copyright in joint works.Therefore, if you want to produce merchandise with the characters you created together or license them to a brand, both people must reach an agreement to make the decision.
The important thing here isSince two people created it, the copyright is unconditionally split 50/50.That is not what they think. Even if multiple people have worked together, you must first check whether the requirements for a joint work are met, and if it is included in a joint work, you cannot divide and exercise the copyright.

✔️ What is a combined work?

Even if you created the character together, the rights can be divided.

Conversely, even if multiple people participated in creating a single character IP, the situation changes if their individual creations can be separated and used independently. ThisCombined workIt is called...

For example, let’s assume that A directly designs a character and B creates a separate character song using the character. While the two results can be used together within a single character content, the character design can be used separately for images or merchandise, and the music can also be used independently without the character image.

As suchIf each person's creative work can be used separately, their respective rights can also be exercised separately.Instead, if a third party intends to use the characters and music together, they must obtain permission from each rights holder.

Then where do characters created by external contractors fit in?

Outsourcing is a common method among ways for multiple people to participate in character creation. If a company or individual IP holder commissions an external artist to design characters and pays the production costs..."Since I paid to create it, I must own the character copyright."It is easy to think that.

However, the copyright does not automatically transfer to the client simply because production costs have been paid.In principle, copyright accrues to the creator.Therefore, if you want to use the character commercially, you must check the contract details.
If you plan to monetize the character in various areas such as merchandise, emoticons, advertisements, and brand collaborations, it is advisable to clearly determine at the contract stage whether you will acquire the necessary intellectual property rights or obtain permission to use it within a specific scope.

In particular, there are cases where a character is initially commissioned for use in social media profiles or promotional materials, but the business scope is later expanded to include merchandise or licensing. If the scope of use defined in the initial contract is narrow, additional negotiations may be necessary when starting a new business.
so In outsourcing contracts, you must verify not only the scope of work, such as 'character design production,' but also who can utilize the completed characters, where, and in what manner.

There is something you need to check first before the character collaboration.

Character IP is not limited to generating revenue solely from merchandise. Even if you start with small illustrations or goods, as awareness grows, it can expand into unexpected areas such as pop-up stores, brand collaborations, online advertising promotions, and animation production.
so If multiple people participated in the creation of a character, it is better to define the scope of creation, rights relationships, and commercialization rights together from the beginning, rather than trying to secure rights after the IP has grown.