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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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
Original language English
Type of outcome Article in a journal
Field of Study 50501 Law
Country of publisher Czech Republic
Confidentiality degree is not subject to a state or trade secret
WWW 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
Tags International impact, Reviewed
Changed by Changed by: doc. JUDr. Pavel Koukal, Ph.D., učo 13672. Changed: 13/5/2024 13:33.
Abstract
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 projectName: Díla chráněná autorským právem a požadavek dostatečné přesnosti a objektivity
Investor: Czech Science Foundation
PrintDisplayed: 18/7/2024 23:29