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"PREFACE" [2018] ELECD 456; in Lavizzari, S. Carlo; Viljoen, René (eds), "Cross-Border Copyright Licensing" (Edward Elgar Publishing, 2018) xxii

Book Title: Cross-Border Copyright Licensing

Editor(s): Lavizzari, S. Carlo; Viljoen, René

Publisher: Edward Elgar Publishing

ISBN: 9781784718503

Section Title: PREFACE

Number of pages: 2

Extract:

PREFACE
INTRODUCTION TO THIS EDITION OF CROSS-BORDER COPYRIGHT LICENSING, LAW AND PRACTICE Contract law and competition law are key legal building blocks for any type of licensing of intellectual property, and copyright-protected content is no exception. In some countries and regarding certain domains or special subjects, there are additional areas of the law that need to be taken into account, but all laws covered in this guide share the necessity of bringing the above key building blocks to bear on any copyright licensing contract. What further complicates the task of a scholar, member of the judiciary, practitioner of the law or legal adviser is that all three of the indicated legal domains have their own approach to dealing with the spatial dimension of the law, and thus with any cross-border element of a given legal situation. While copyright law tends to vary from state to state and be firmly rooted in any given domestic law, the law of the territory where protection is sought will govern any question of copyright law. In contrast, the law of contracts is frequently transnational and capable of legal emigration, subject to public policy/ordre public or loi d'application immédiate: parties tend to be free to select the law that will govern their contractual obligations. Competition law tends to be mainly territorial but frequently its reach is extended beyond a strictly domestic setting and applies to transactions that influence any given domestic market. Copyright practitioners should be critically aware of ...