Law Applicable to Copyright
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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.
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Chapter 8: Initial Ownership

Rita Matulionytė


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...

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