Chapter 8: Initial Ownership
ALI Principles § 313. Initial Title to Other Rights That Do Not Arise Out of Registration (1) Initial title to other rights that do not arise out of registration is governed by: (a) If there is one creator, the law of the creator’s residence at the time the subject matter was created; (b) If there is more than one creator: (i) the law of one of the creators’ residences, as designated by contract between or among the creators; (ii) if no contract solves the issue, the law of the State in which the majority of the creators resided at the time of the creation of the subject matter; (iii) if no contract resolves the issue and a majority of the creators did not reside in the same State, the law of the State with the closest connection to the first exploitation of the subject matter; or (c) If the subject matter was created pursuant to an employment relationship, the law of the State that governs the relationship; or (2) If the State whose law would govern under subsection (1) does not extend protection to the subject matter, then initial title is governed by the law of the first State in which the subject matter is exploited and the right is recognized. Draft CLIP Proposal Article 3:201: Initial Ownership (1) Initial ownership including in particular authorship of a copyrighted work and entitlement to intellectual property rights arising out of registration is governed by the law of the State for which protection...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.