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The Choice Of Law Debate In Copyright Infringement

IP and Legal Filings

Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised. Since copyright in whatever form (even first ownership) is subject to the territoriality principle, many argue that lex loci protectionis is the appropriate course of action. [10]

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The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Kluwer Copyright Blog

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.