determination of applicable law in copyright infringement cases in cyberspace

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Kavyani Mina; Almasi Nejadali

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2020 | Volume:84 | Issue:109 Page(s): 125-140

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Information Journal Paper

Title

determination of applicable law in copyright infringement cases in cyberspace

Author(s)

Kavyani Mina | Almasi Nejadali | Issue Writer Certificate

Keywords

Conflict of LawsQ2

copy rightQ2

CyberspaceQ1

Governing LawQ1

Abstract

Publishing literatures and artworks under copyright protection in the internet and possibility of widespread infringement of these rights by millions of internet users all over the world faces Holder of the right to this important question which law would be applicable in conflict of two or more laws? Whether in determination of Governing Law in copyright infringement in Cyberspace, traditional Conflict of Laws rules is applicable or we need new rules in this area? This article studied the issue by separation of two assumption of agreement and disagreement on applicable law in contractual and non-contractual infringement of copyright in Cyberspace. In contractual infringement which has been agreed on Governing Law, the procedure of most of the countries and international conventions is acceptance of principle of will. In contractual infringement in absence of agreement on Governing Law, different benchmarks has been adopted which the most important of them is applying of law if the country which has the closest relation with the contract. In non-contractual infringement which has been agreed on Governing Law, there are two general viewpoints between lawyers, countries and international regulations. Some ones don’ t accept principle of will because of connection of torts with public discipline. And others recognize rule of will in determination Governing Law before and after entering damage. And finally in assumption of disagreement in non-contractual infringement, which is the most common kind of infringement of these right in Cyberspace, among different theories (including Lex fori, Lex loci delictiو Lex loci protectionis(The theory of law of the country of the substantially closer connection has been suggested as the most appropriate solution in order to determination of Governing Law.

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APA: Copy

Kavyani, Mina, & Almasi, Nejadali. (2020). determination of applicable law in copyright infringement cases in cyberspace. THE JUDICIARY’S LAW JOURNAL, 84(109 ), 125-140. SID. https://sid.ir/paper/402057/en

Vancouver: Copy

Kavyani Mina, Almasi Nejadali. determination of applicable law in copyright infringement cases in cyberspace. THE JUDICIARY’S LAW JOURNAL[Internet]. 2020;84(109 ):125-140. Available from: https://sid.ir/paper/402057/en

IEEE: Copy

Mina Kavyani, and Nejadali Almasi, “determination of applicable law in copyright infringement cases in cyberspace,” THE JUDICIARY’S LAW JOURNAL, vol. 84, no. 109 , pp. 125–140, 2020, [Online]. Available: https://sid.ir/paper/402057/en

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