How to Practice Copyright Law Internationally in Perplexing Times?
Journal of the Copyright Society of the USA, vol. 60 (2013), pp. 167-200
34 Pages Posted: 8 Sep 2013 Last revised: 3 Jan 2020
Date Written: 2013
Abstract
How to handle cross-border copyright cases? After broaching my professional perspective on point, I raise questions of method: To start, how, in such a case, to analyze issues that may be subject to conceptually diverse laws? Further, of what help are the international copyright treaties in providing common notions for such analysis? Finally, what principles may govern determining which laws are to decide such issues as are key to the case at bar? With provisional answers to these questions in mind, I explain guidelines for analyzing issues, and for hedging risks, in cross-border cases: First, map out arguably infringing transactions worldwide. Second, unpack grounds for protecting foreigners’ claims where relief for infringement would take hold. Third, consider rights and defenses available there in terms of what remedies are available. Fourth, trace claimant’s chain of title to the rights asserted. Fifth, shop for a favorable forum, but do so cautiously.
Keywords: copyright, treaties, conflicts of laws, international protection, chain of title, forum shopping, jurisdiction
JEL Classification: K11, K33, K41, L82, O34
Suggested Citation: Suggested Citation