17 U.S.C. § 101. “Authors of a joint work are initial co-owners of the copyright in the work, and are each entitled to equal undivided interest in the whole work.” Jordan v. Sony BMG Music Entmct, Inc., 637 F.Supp.2d 442, 459 (S.D. Tex. 2008). However, mere collaboration does not create joint authorship.

Geophysical argues that TGS cannot enforce the license because TGS is not in privity with Geophysical. See Jordan v. Sony BMG Music Entm't, Inc., 637 F. Supp. 2d 442, 451 (S.D. Tex. 2008) (one "may not enforce a contract to which he is not a party"). Additionally, Geophysical contends that TGS cannot claim third party beneficiary status because Geophysical did not "intend[] to secure a benefit to [TGS]," and Geophysical did not "enter[] into the contract directly for [TGS's] benefit."

Each co-owner is entitled to an equal undivided interest in the whole work, and a co-owner must account to the other co-owners for any profits earned from licensing or use of that copyright. Thomson , 147 F.3d at 199 ; Quintanilla , 139 F.3d at 498 ; Jordan v. Sony BMG Music Entm't, Inc. , 637 F.Supp.2d 442, 459 (S.D.Tex.2008) (citing Quintanilla ). While it is well-settled that co-owners of a joint work are free to grant nonexclusive licenses to third parties, there is greater latitude for debate on the issue that arises when co-owners purport to grant exclusive licenses to third parties.

[W]hen [a] song is recorded, there is a separate copyright in the performance of the song. Jordan v. Sony BMG Music Entm't, Inc., 637 F. Supp. 2d 442 (S.D. Tex. 2008) ("Under the Copyright Act, sound recordings (in this case, the fixation of the combined music and lyrics) and the underlying musical compositions are separate works with distinct copyrights"). When an artist enters into a contract with a record label, the performance generally does not exist. The record label pays for the cost of creating the performance, including an advance to the artist, payment of the musicians who perform the song and payment of the costs of creating the master recording.

"Authors of a joint work are initial co-owners of the copyright in the work, and are each entitled to equal undivided interest in the whole work." Jordan v. Sony BMG Music Entm't, Inc., 637 F. Supp. 2d 442, 459 (S.D. Tex. 2008). Joint authors cannot be liable to one another for infringement.

However, when that song is recorded, there is a separate copyright in the performance of the song. Jordan v. Sony BMG Music Entm't, Inc., 637 F.Supp.2d 442 (S.D.Tex.2008) ( “Under the Copyright Act, sound recordings (in this case, the fixation of the combined music and lyrics) and the underlying musical compositions are separate works with distinct copyrights”). When an artist enters into a contract with a record label, the performance generally does not exist.