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Rita Matulionyte, Enforcing Copyright Infringements Online: In Search of Balanced Private International Law Rules, 6 (2015) JIPITEC 132 para 1.

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%0 Journal Article
%T Enforcing Copyright Infringements Online: In Search of Balanced Private International Law Rules
%A Matulionyte, Rita
%J JIPITEC
%D 2015
%V 6
%N 2
%@ 2190-3387
%F matulionyte2015
%X Enforcement of copyright online and fighting online “piracy” is a high priority on the EU agenda. Private international law questions have recently become some of the most challenging issues in this area. Internet service providers are still uncertain how the Brussels I Regulation (Recast) provisions would apply in EU-wide copyright infringement cases and in which country they can be sued for copyright violations. Meanwhile, because of the territorial approach that still underlies EU copyright law, right holders are unable to acquire EU-wide relief for copyright infringements online. This article first discusses the recent CJEU rulings in the Pinckney and Hejduk cases and argues that the “access approach” that the Court adopted for solving jurisdiction questions could be quite reasonable if it is applied with additional legal measures at the level of substantive law, such as the targeting doctrine. Secondly, the article explores the alternatives to the currently established lex loci protectionis rule that would enable right holders to get EU-wide remedies under a single applicable law. In particular, the analysis focuses on the special applicable law rule for ubiquitous copyright infringements, as suggested by the CLIP Group, and other international proposals.
%L 340
%K Copyright Enforcement
%K Copyright Violations
%K Lex Loci Protectionis
%K Targeting Doctrinde
%U http://nbn-resolving.de/urn:nbn:de:0009-29-42743
%P 132-145

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Bibtex

@Article{matulionyte2015,
  author = 	"Matulionyte, Rita",
  title = 	"Enforcing Copyright Infringements Online: In Search of Balanced Private International Law Rules",
  journal = 	"JIPITEC",
  year = 	"2015",
  volume = 	"6",
  number = 	"2",
  pages = 	"132--145",
  keywords = 	"Copyright Enforcement; Copyright Violations; Lex Loci Protectionis; Targeting Doctrinde",
  abstract = 	"Enforcement of copyright online and fighting online ``piracy'' is a high priority on the EU agenda. Private international law questions have recently become some of the most challenging issues in this area. Internet service providers are still uncertain how the Brussels I Regulation (Recast) provisions would apply in EU-wide copyright infringement cases and in which country they can be sued for copyright violations. Meanwhile, because of the territorial approach that still underlies EU copyright law, right holders are unable to acquire EU-wide relief for copyright infringements online. This article first discusses the recent CJEU rulings in the Pinckney and Hejduk cases and argues that the ``access approach'' that the Court adopted for solving jurisdiction questions could be quite reasonable if it is applied with additional legal measures at the level of substantive law, such as the targeting doctrine. Secondly, the article explores the alternatives to the currently established lex loci protectionis rule that would enable right holders to get EU-wide remedies under a single applicable law. In particular, the analysis focuses on the special applicable law rule for ubiquitous copyright infringements, as suggested by the CLIP Group, and other international proposals.",
  issn = 	"2190-3387",
  url = 	"http://nbn-resolving.de/urn:nbn:de:0009-29-42743"
}

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RIS

TY  - JOUR
AU  - Matulionyte, Rita
PY  - 2015
DA  - 2015//
TI  - Enforcing Copyright Infringements Online: In Search of Balanced Private International Law Rules
JO  - JIPITEC
SP  - 132
EP  - 145
VL  - 6
IS  - 2
KW  - Copyright Enforcement
KW  - Copyright Violations
KW  - Lex Loci Protectionis
KW  - Targeting Doctrinde
AB  - Enforcement of copyright online and fighting online “piracy” is a high priority on the EU agenda. Private international law questions have recently become some of the most challenging issues in this area. Internet service providers are still uncertain how the Brussels I Regulation (Recast) provisions would apply in EU-wide copyright infringement cases and in which country they can be sued for copyright violations. Meanwhile, because of the territorial approach that still underlies EU copyright law, right holders are unable to acquire EU-wide relief for copyright infringements online. This article first discusses the recent CJEU rulings in the Pinckney and Hejduk cases and argues that the “access approach” that the Court adopted for solving jurisdiction questions could be quite reasonable if it is applied with additional legal measures at the level of substantive law, such as the targeting doctrine. Secondly, the article explores the alternatives to the currently established lex loci protectionis rule that would enable right holders to get EU-wide remedies under a single applicable law. In particular, the analysis focuses on the special applicable law rule for ubiquitous copyright infringements, as suggested by the CLIP Group, and other international proposals.
SN  - 2190-3387
UR  - http://nbn-resolving.de/urn:nbn:de:0009-29-42743
ID  - matulionyte2015
ER  - 
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Wordbib

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<b:Comments>Enforcement of copyright online and fighting online “piracy” is a high priority on the EU agenda. Private international law questions have recently become some of the most challenging issues in this area. Internet service providers are still uncertain how the Brussels I Regulation (Recast) provisions would apply in EU-wide copyright infringement cases and in which country they can be sued for copyright violations. Meanwhile, because of the territorial approach that still underlies EU copyright law, right holders are unable to acquire EU-wide relief for copyright infringements online. This article first discusses the recent CJEU rulings in the Pinckney and Hejduk cases and argues that the “access approach” that the Court adopted for solving jurisdiction questions could be quite reasonable if it is applied with additional legal measures at the level of substantive law, such as the targeting doctrine. Secondly, the article explores the alternatives to the currently established lex loci protectionis rule that would enable right holders to get EU-wide remedies under a single applicable law. In particular, the analysis focuses on the special applicable law rule for ubiquitous copyright infringements, as suggested by the CLIP Group, and other international proposals.</b:Comments>
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ISI

PT Journal
AU Matulionyte, R
TI Enforcing Copyright Infringements Online: In Search of Balanced Private International Law Rules
SO JIPITEC
PY 2015
BP 132
EP 145
VL 6
IS 2
DE Copyright Enforcement; Copyright Violations; Lex Loci Protectionis; Targeting Doctrinde
AB Enforcement of copyright online and fighting online “piracy” is a high priority on the EU agenda. Private international law questions have recently become some of the most challenging issues in this area. Internet service providers are still uncertain how the Brussels I Regulation (Recast) provisions would apply in EU-wide copyright infringement cases and in which country they can be sued for copyright violations. Meanwhile, because of the territorial approach that still underlies EU copyright law, right holders are unable to acquire EU-wide relief for copyright infringements online. This article first discusses the recent CJEU rulings in the Pinckney and Hejduk cases and argues that the “access approach” that the Court adopted for solving jurisdiction questions could be quite reasonable if it is applied with additional legal measures at the level of substantive law, such as the targeting doctrine. Secondly, the article explores the alternatives to the currently established lex loci protectionis rule that would enable right holders to get EU-wide remedies under a single applicable law. In particular, the analysis focuses on the special applicable law rule for ubiquitous copyright infringements, as suggested by the CLIP Group, and other international proposals.
ER

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Mods

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  <titleInfo>
    <title>Enforcing Copyright Infringements Online: In Search of Balanced Private International Law Rules</title>
  </titleInfo>
  <name type="personal">
    <namePart type="family">Matulionyte</namePart>
    <namePart type="given">Rita</namePart>
  </name>
  <abstract>Enforcement of copyright online and fighting online “piracy” is a high priority on the EU agenda. Private international law questions have recently become some of the most challenging issues in this area. Internet service providers are still uncertain how the Brussels I Regulation (Recast) provisions would apply in EU-wide copyright infringement cases and in which country they can be sued for copyright violations. Meanwhile, because of the territorial approach that still underlies EU copyright law, right holders are unable to acquire EU-wide relief for copyright infringements online. This article first discusses the recent CJEU rulings in the Pinckney and Hejduk cases and argues that the “access approach” that the Court adopted for solving jurisdiction questions could be quite reasonable if it is applied with additional legal measures at the level of substantive law, such as the targeting doctrine. Secondly, the article explores the alternatives to the currently established lex loci protectionis rule that would enable right holders to get EU-wide remedies under a single applicable law. In particular, the analysis focuses on the special applicable law rule for ubiquitous copyright infringements, as suggested by the CLIP Group, and other international proposals.</abstract>
  <subject>
    <topic>Copyright Enforcement</topic>
    <topic>Copyright Violations</topic>
    <topic>Lex Loci Protectionis</topic>
    <topic>Targeting Doctrinde</topic>
  </subject>
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  <identifier type="citekey">matulionyte2015</identifier>
</mods>
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JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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