International Copyright: Principles, Law, and Practice

By Paul Goldstein | Go to book overview

§ 3
TERRITORIALITY, NATIONAL TREATMENT,
AND CHOICE OF LAW

The international exploitation of copyrighted works often implicates questions of territoriality, national treatment, and choice of law. Copyright is territorial: a French or Japanese copyright does not exist outside France or Japan.1 The treaty obligation of national treatment requires member countries to give works originating in other member countries no less favorable treatment than they give to works of their own nationals; under the Berne Convention, for example, a Japanese work will as a rule receive in France the same protection that a work by a French national would receive in France.2 The general choice of law rule for determining whether a copyright has been infringed is to apply the law of the country in which the unauthorized use occurred; if a lawsuit is filed in the United States for the unauthorized use in France of a work originating in Japan, the United States court will apply French law to determine whether the use infringes.3

Territoriality, national treatment, and choice of law overlap. If, as a rule, a country's copyright law has no effect outside its territory, its copyright law will also be the only one that has effect inside its territory—at least so long as other countries follow the same rule. Since the relevant choice of law rule for copyright infringement calls for application of the law in force in the place where the infringement occurred, territoriality implies that the law governing an infringement will in most, if not all, cases be the law of the country where the infringement occurred. Similarly, national treatment under the copyright treaties, although not strictly speaking a choice of law rule, often

____________________
1
See generally § 3.1, below.
2
See generally § 3.2, below.
3
See generally § 3.3, below.

-61-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
International Copyright: Principles, Law, and Practice
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 618

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.