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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 132-145Download
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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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 -Download
Wordbib
<?xml version="1.0" encoding="UTF-8"?> <b:Sources SelectedStyle="" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" > <b:Source> <b:Tag>matulionyte2015</b:Tag> <b:SourceType>ArticleInAPeriodical</b:SourceType> <b:Year>2015</b:Year> <b:PeriodicalTitle>JIPITEC</b:PeriodicalTitle> <b:Volume>6</b:Volume> <b:Issue>2</b:Issue> <b:Url>http://nbn-resolving.de/urn:nbn:de:0009-29-42743</b:Url> <b:Pages>132-145</b:Pages> <b:Author> <b:Author><b:NameList> <b:Person><b:Last>Matulionyte</b:Last><b:First>Rita</b:First></b:Person> </b:NameList></b:Author> </b:Author> <b:Title>Enforcing Copyright Infringements Online: In Search of Balanced Private International Law Rules</b:Title> <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> </b:Source> </b:Sources>Download
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. ERDownload
Mods
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 6 (2015) 2 |
|---|---|
| Title |
Enforcing Copyright Infringements Online: In Search of Balanced Private International Law Rules (eng) |
| Author | Rita Matulionyte |
| Language | eng |
| 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. |
| Subject | Copyright Enforcement, Copyright Violations, Lex Loci Protectionis, Targeting Doctrinde |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-42743 |
