Romance and fiduciary relationships between joint authors and/or co-owners of copyright

There is "strangely little law" on the personal relationship between joint authors. This article argues that joint authors can be fiduciaries of each other in cases of close collaboration. Who is a joint author and what their rights are raise difficult issues. The courts have dealt with these issues unevenly. Sometimes junior authors have been unfairly derecognized. The U.K./Canada and U.S./Australia have reached opposing positions when it comes to a co-owner of copyright requiring consent from the other co-owner to use the work. In the U.K./Canada, consent is required. In Australia and the U.S. it is not. Both positions are sound in their own way. This article takes a new tack. It argues it is a mistake to reduce consent to one rule. Fiduciary obligations, including consent, should be a flexible means by which to regulate the joint author relationship in cases of close collaboration. Flexibility is important in the digital era where collaborative authorship is common. Fiduciary obligations would run parallel to copyright law.