"The Agreement clearly provides that Plaintiff and Defendant are joint owners
of the copyright to the Curriculum. (Agreement at § 7 [Dkt. No. 1751].)
Under the Copyright Act, no copyright infringement action lies as between
joint owners of the same copyright. Each co-owner of a copyright is akin to a
tenant in common and each owns a share of an undivided whole. It follows inexorably
that the co-owner of a copyright is incapable of infringing that copyright vis-a-vis
his counterpart co-owner. Warren Freedenfeld Assoc., Inc. v. McTigue, 531
F.3d 38, 47 (1st Cir.2008) (internal citations omitted); Estate of Brown v. Arc
Music Group, Inc., 830 F.Supp.2d 501, 515 (N.D.Ill.2011) (following Warren and
finding that the estate of one joint author cannot recover for copyright
infringement based on a co-author's exploitation of the copyright)."
Wilcox v. Career Step, LLC, 929 F. Supp.2d 1155, 11661167 (D. Utah 2013).