Publication details

Balancing Initial Copyright Ownership in Czech and Slovak Private International Law

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Year of publication 2024
Type Article in Periodical
Magazine / Source Review of Central and East European Law
MU Faculty or unit

Faculty of Law

Keywords principle of territoriality; CLIP Principles; lex loci protectionis; initial ownership of copyright; transferability of copyright; Berne Convention; Swiss IPRG
Description This paper examines the challenges associated with applying copyright laws that are limited to specific regions in today’s interconnected world. It also explores how private international law regulations come into play when addressing conflicts arising from cross-border copyright disputes. The primary focus of this article is on key issues like initial ownership and the transfer of copyright as governed by private international law in the Czech and Slovak Republics. Additionally, it discusses the influence of legal doctrines from Switzerland and Germany on the legal systems of these countries, particularly their preference for the lex loci protectionis rule. Furthermore, the authors consider how private international law has evolved in the Czech and Slovak Republics when addressing cross-border copyright disputes. Both countries have adopted the lex loci protectionis connecting factor for copyright matters and address the concept of the initial copyright owner in a way that closely resembles the solution provided in Article 3:201(2) of the clip Principles.
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