Commons:Choice of law

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Choice of law is an issue that may arise in copyright disputes with international dimensions, when a court deciding a dispute must choose which set of laws to apply. Different laws may be applied to different parts of a dispute, such as the determination of copyright ownership and the determination of copyright infringement.

There are a variety of legal principles that may be applied for choosing between laws, including:

  • lex loci protectionis - the law of the jurisdiction where copyright protection is claimed (eg US law for a copyright dispute regarding alleged infringement in the US). See Commons:Lex loci protectionis.
  • Lex loci rei sitae - the law of the jurisdiction where the copyright ownership is claimed (eg Russian law for a copyright dispute regarding alleged infringement in the US of a Russian-owned copyright).

Examples[edit]

See also Commons:Lex_loci_protectionis#Examples

  • Itar-Tass Russian News Agency v. Russian Kurier, Inc., a US case. Copyright ownership was determined by Russian law, as "Copyright is a form of property, and the usual rule is that the interests of the parties in property are determined by the law of the state with “the most significant relationship” to the property and the parties." Copyright infringement on the other hand, was determined by US law.

References[edit]