U.S. COPYRIGHT LAW AND ITS EXTRATERRITORIAL APPLICATION: SUBAFILMS, LTD. v. MGM-PATHE COMMUNICATIONS
In: The Maryland Journal of International Law & Trade, Jg. 19 (1995-10-01), S. 293
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academicJournal
INTRODUCTION As technology advances, the stage for the communication and dissemination of original works expands. In growing numbers, United States citizens who produce works which are protected by copyrights no longer limit their audience to the United States. They consider the global community to be their audience. As a result, they must either rely on U.S. copyright laws to protect their works outside the United States or on laws of other countries. The Internet provides an international electronic forum for exchanging information, and it presents an array of copyright problems. The copyright issues surrounding the Internet are far from settled. They will keep the reach of U.S. copyright protection in the forefront as the global communications community debates, and eventually resolves, these issues. This paper will discuss the reasons for granting copyright protection, the protection provided by U.S. copyright laws, the extraterritorial reach of those laws, and the alternatives available to creators who are not protected by the U.S. laws. The recent Ninth Circuit Court of Appeals case Subafilms, Ltd. v. MGM-Pathe Communications 1 will be discussed in detail and used as an example to demonstrate how these laws apply in practice to motion pictures. I. COPYRIGHT PROTECTION -- BACKGROUND A. Purpose of United States Copyright Protection By granting copyrights, Congress effectively gives the author a monopoly on the use of the work. This monopoly is "intended to motivate the creative activity of authors and inventors by the provision of a special reward, and to allow the public ...
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U.S. COPYRIGHT LAW AND ITS EXTRATERRITORIAL APPLICATION: SUBAFILMS, LTD. v. MGM-PATHE COMMUNICATIONS
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Autor/in / Beteiligte Person: | Scahill, Patricia |
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Zeitschrift: | The Maryland Journal of International Law & Trade, Jg. 19 (1995-10-01), S. 293 |
Veröffentlichung: | 1995 |
Medientyp: | academicJournal |
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