Balancing Initial Copyright Ownership in Czech and Slovak
Private International Law

J 2024

Balancing Initial Copyright Ownership in Czech and Slovak Private International Law

KOUKAL, Pavel, Zuzana VLACHOVÁ, Jan HODERMARSKY and Marián JANKOVIČ

Basic information

Original name

Balancing Initial Copyright Ownership in Czech and Slovak Private International Law

Authors

KOUKAL, Pavel (203 Czech Republic, guarantor, belonging to the institution), Zuzana VLACHOVÁ (203 Czech Republic, belonging to the institution), Jan HODERMARSKY (203 Czech Republic, belonging to the institution) and Marián JANKOVIČ (703 Slovakia, belonging to the institution)

Edition

Review of Central and East European Law, Netherlands, Martinus Nijhoff Publ. 2024, 0925-9880

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

Czech Republic

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

URL

Impact factor

Impact factor: 0.200 in 2022

Organization unit

Faculty of Law

UT WoS

999

Keywords in English

principle of territoriality; CLIP Principles; lex loci protectionis; initial ownership of copyright; transferability of copyright; Berne Convention; Swiss IPRG

Abstract

V originále

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.

Links

GA22-22517S, research and development project

Name: Díla chráněná autorským právem a požadavek dostatečné přesnosti a objektivity

Investor: Czech Science Foundation

Citovat

KOUKAL, Pavel, Zuzana VLACHOVÁ, Jan HODERMARSKY and Marián JANKOVIČ. Balancing Initial Copyright Ownership in Czech and Slovak Private International Law. Review of Central and East European Law. Netherlands: Martinus Nijhoff Publ., 2024, vol. 49, No 1, p. 88-118. ISSN 0925-9880.

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   author = {Koukal, Pavel and Vlachová, Zuzana and Hodermarsky, Jan and Jankovič, Marián},
   article_location = {Netherlands},
   article_number = {1},
   keywords = {principle of territoriality; CLIP Principles; lex loci protectionis; initial ownership of copyright; transferability of copyright; Berne Convention; Swiss IPRG},
   language = {eng},
   issn = {0925-9880},
   journal = {Review of Central and East European Law},
   title = {Balancing Initial Copyright Ownership in Czech and Slovak Private International Law},
   url = {https://brill.com/view/journals/rela/49/1/article-p88_004.xml?ebody=article%20details},
   volume = {49},
   year = {2024}
}

TY  - JOUR
ID  - 2400380
AU  - Koukal, Pavel - Vlachová, Zuzana - Hodermarsky, Jan - Jankovič, Marián
PY  - 2024
TI  - Balancing Initial Copyright Ownership in Czech and Slovak Private International Law
JF  - Review of Central and East European Law
VL  - 49
IS  - 1
SP  - 88-118
EP  - 88-118
PB  - Martinus Nijhoff Publ.
SN  - 09259880
KW  - principle of territoriality
KW  - CLIP Principles
KW  - lex loci protectionis
KW  - initial ownership of copyright
KW  - transferability of copyright
KW  - Berne Convention
KW  - Swiss IPRG
UR  - https://brill.com/view/journals/rela/49/1/article-p88_004.xml?ebody=article%20details
N2  - 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.
ER  -

KOUKAL, Pavel, Zuzana VLACHOVÁ, Jan HODERMARSKY and Marián JANKOVIČ. Balancing Initial Copyright Ownership in Czech and Slovak Private International Law. \textit{Review of Central and East European Law}. Netherlands: Martinus Nijhoff Publ., 2024, vol.~49, No~1, p.~88-118. ISSN~0925-9880.

Detailed Information on Publication Record