Law Applicable to Copyright
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 3: Evaluation and Alternatives

Rita Matulionytė


The task of this part is to briefly review the main arguments in favour of and against the rules discussed in earlier chapters – the territoriality principle, lex loci protectionis and the relevant substantive law doctrines – in the context of different types of infringements. This will serve as a basis for a later thorough analysis of similar rules provided in the ALI and CLIP Proposals. Here, three main types of infringements are distinguished: infringements in so called ‘traditional’,1 broadcasting and Internet media. This distinction is based on the assumption that with the gradual development of the technology, slightly different problems emerged and specific solutions to them have been developed (e.g. the Bogsch theory was developed for broadcasting infringements, effect theory – for Internet infringements). However, as will be seen later, the problems are rather similar as well as there being important horizontal problems (e.g. initial ownership) although the extent of them may differ significantly. The evaluation is based on the interests analysis method which seeks to identify which parties’ and states’ interests are favoured and how they are balanced by each particular rule.2 This part analyses the rules and main selected alternatives in respect of each type of infringement – those occurring through traditional (A), broadcasting (B) and Internet (C) media. A. TRADITIONAL INFRINGEMENTS In this chapter, the advantages and disadvantages of three known rules in respect of infringement in traditional media will be analysed – lex loci protectionis (I), lex originis (II) and the root-copy approach (III). When analysing the lex loci...

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.

Further information

or login to access all content.