Publication details
Infringement of Copyright with a Cross-border Element – Applicable Law (RiDoc)
| Authors | |
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| Year of publication | 2021 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| 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, the Rome II Regulation applies in these situations. It contains the lex loci protectionis rule as a universal connecting factor and also excludes the possibility to choose the law applicable. In situations, when the rights were infringed in multiple countries simultaneously, multiplicity of applicable laws may appear, and the mosaic approach shall be applied. Various academic soft law proposals thus suggested possible alternative approaches (above all for cases of multi-state infringements or the question of choice of law); the presentation focuses, in this regard, mainly on the most recent development and the so-called ILA Guidelines. In connection with the above mentioned, the presentation deals also with determining which questions fall under the scope of the Rome II Regulation. |
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