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Articles for the keyword(s) "Copyright"

"Lorentzen v Lydden: Dead and Buried?"

Elsabe Schoeman, 2004

In Peer International Corp v Termidor Music Publishers Ltd [2004] 2 WLR 849 the English Court of Appeal applied the lex situs rule to deny extraterritorial effect to a foreign governmental act (Cuban Law 860) in regard to (English-owned) copyright. Although this decision has effectively overruled Lorentzen v Lydden & Co Ltd [1942] 2 KB 202, the author points out that reference was made to the nature of the decree (confiscatory or not), which should not have been a relevant consideration on the facts of the case.

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"From Savigny to Cyberspace: Does the Internet Sound the Death-Knell for the Conflict of Laws?"

Campbell McLachlan, 2006

This article examines the challenges posed by the internet for classic conflicts theory and method in regard to cross-border communications with specific reference to defamation, privacy and copyright. A detailed comparative survey refers extensively to law reform initiatives and jurisprudential developments in a number of Anglo-Commonwealth countries, as well as Europe. The author explores the dynamics of the interplay between jurisdiction and choice of law and its effect on the traditional principle of territoriality within the context of cross-border communications disputes.

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"When in Rome (II): Jurisdiction, choice of law and foreign copyright infringement in New Zealand courts"

Adam Holden, 2016

The author advocates for reform of the New Zealand approach to cases involving foreign copyright infringement.