Choice of Law in Copyright Disputes in the Digital Age

Abstract

With the rapid advancement of technology and the evolvement into a digitalised world with a global marketplace, the territoriality of copyright protection is being fundamentally challenged. This paper discusses the issues surrounding choice of law when foreign copyright disputes are given jurisdiction. The paper also considers the various existing regulations, suggestions and recommendations of how to address choice of law. Specifically, the paper analyses the American Institute of Law’s Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes and the European Max Planck’s Conflict of Laws in Intellectual Property CLIP principles and commentary.

Ultimately, this paper emphasises how the territoriality of copyright protection is fundamentally challenged in the globalised market and digitalised world. There needs to be internationally agreed upon standards or guidelines for courts to use when dealing with cross-jurisdictional breaches of copyright.