Law Applicable to Copyright

Law Applicable to Copyright

A Comparison of the ALI and CLIP Proposals

Rita Matulionytė

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 and the European Max Planck Group for Conflict of Laws and Intellectual Property.

Chapter 1: Introduction

Rita Matulionytė

Subjects: law - academic, comparative law, intellectual property law

Extract

A. BACKGROUND International private law in relation to copyright is becoming increasingly important. Cross-border technologies enable easier and cheaper dissemination of works worldwide, which leads to growing global copyright markets1 as well as an increase in illegal uses of works, both offline and online.2 In order to ensure more efficient protection and dissemination of copyrighted works worldwide, countries have been pursuing international and European Union (EU)-wide harmonisation of substantive copyright law.3 Recently, however, it has become increasing difficult to reach an international consensus on a substantive law level.4 Therefore, the need to 1 Recent studies show that the contribution of creative industries to the GDP is e.g., in the USA – 11.2%; Korea – 8.67%; Russia – 6.06%; Netherlands – 5.9%; Romania – 5.5%; Canada – 4.5%; Latvia – 4%; Hungary – 6.67%; for other countries and full studies see http://www.wipo.int/ip-development/en/creative_industry/ economic_contribution.html (accessed 16 November 2009). 2 According to the OECD, up to USD 200 billion of internationally traded products (excluding online) could have been counterfeited or pirated in 2005, see OECD, 2009; according to the IFPI, worldwide online piracy of musical recordings is around 95%, see IFPI, 2006; however, the estimates of market losses due to counterfeiting, as used by US government, have been lately challenged as unsubstantiated, see US Government Accountability Office Report of 12 April 2010 on Intellectual Property: Observations on Efforts to Quantify the Economic Effects of Counterfeit and Pirated Goods, GAO-10–423, available at: http://www.gao.gov/ products/GAO-10–423 (accessed 7 December 2010). 3 See, e.g., Agreement on Trade Related...