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Law Applicable to Copyright: A Comparison of the ALI and CLIP Proposals
This book discusses the problems of applicable law in international copyright infringement cases and examines the solutions proposed to them in the recent projects by the American Law Institute (ALI) and the European Max Planck Group for Conflict of Laws and Intellectual Property (CLIP). In particular, the book analyzes how the territoriality principle...
This book discusses the problems of applicable law in international copyright infringement cases and examines the solutions proposed to them in the recent projects by the American Law Institute (ALI) and the European Max Planck Group for Conflict of Laws and Intellectual Property (CLIP). In particular, the book analyzes how the territoriality principle and the lex loci protectionis rule are applied in traditional, broadcasting and online cases in selected European and US jurisdictions. It then evaluates whether the rules on ubiquitous infringement, de minimis, initial ownership and party autonomy, as proposed by ALI and CLIP, address the identified problems. This detailed and thorough study will appeal to academics, researchers, postgraduate and doctorate students, as well as to EU and international policy makers in the field of intellectual property and international private law. Contents: Preface; 1. Introduction; General Part: Status Quo; 2. Main Rules; 3. Evaluation and Alternatives; Specific Part: ALI and CLIP Proposals; 4. Introduction to the ALI and CLIP Proposals; 5. Lex Loci Protectionis and the Territoriality Principle; 6. De Minimis Rule; 7. Ubiquitous Infringements Rule; 8. Initial Ownership; 9. Party Autonomy; 10. Conclusions; Bibliography; Index
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