Publication details
Infringement of Copyright with a Cross-border Element – Applicable Law
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| Year of publication | 2021 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
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| Description | If author’s rights to his work are infringed online, the effects are likely to arise in more than one state at a time. The presentation focuses on issues closely related to the determination of applicable law to non-contractual obligations arising from cross-border infringements of copyright. If conditions for its application are met, article 8 (1) of the Rome II Regulation applies. It contains the lex loci protectionis rule as a universal connecting factor. In article 8 (3), the Regulation also excludes the possibility to choose the law applicable. However, regarding the possibility of multiplicity of applicable laws, various academic soft law proposals suggest possible alternative approaches, albeit generally just for selected areas. The presentation then focuses, in this regard, on the proposed alternatives, mainly in the soft law draft proposals (CLIP Principles or above all in the recent ILA Guidelines). Considering this, three questions are also analysed within the presentation. Firstly, the article 15 of the Rome II Regulation is interpreted in order to determine which questions fall under the scope of the Regulation; secondly, how to deal with preliminary questions that do not fall under its scope; and lastly, how this would affect the multiplicity of applicable laws and the necessity to apply the mosaic approach. |
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