The law applicable to online copyright infringements in the ALI and CLIP proposals

a rebalance of interest needed?

Research output: Contribution to journalArticle

Abstract

The article discusses the problems of applicable law to copyright infringements online. It firstly identifies the main problems related to the well established territoriality principle and the lex loci protectionis rules. Then; the discussion focuses on the "ubiquitous infringement" rule recently proposed by the American Law Institute (ALI) and the European Max Planck Group for Conflicts of Law and Intellectual Propoperty (CLIP). The author strongly welcomes a compromise between the territoriality and universality approaches suggested in respect of ubiquitous infringement cases. At the same time; the paper draws the attention that the interests of "good faith" online service providers (such as legal certainty and foreseeability) have been until now underestimated and invites to take these interests into account when merging the projects into a common international proposal.
Original languageEnglish
Pages (from-to)26-36
Number of pages11
JournalJournal of Intellectual Property, Information Technology, and Electronic Commerce Law
Volume2
Issue number1
Publication statusPublished - 2011
Externally publishedYes

Keywords

  • ALI
  • applicable law
  • CLIP
  • copyright
  • internet
  • territoriality
  • ubiquitous infringement

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