Third-Party Innocence: Domestic Authorization of Foreign Copyright Infringement and Subafilms, Ltd. v. MGM-Pathe Communications Co.
In: North Carolina Journal of International Law & Commercial Regulation, Jg. 20 (1995), S. 435
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I. Introduction What, one might ask, is the reason for all of the shaking in Hollywood recently? It could be another California earthquake. However, it may also be the trembling of fearful authors, musicians, and movie producers in the wake of the Ninth Circuit's recent decision in Subafilms, Ltd. v. MGM-Pathe Communications Co. 1 This is because the holding in Subafilms arguably puts in jeopardy the security of copyrighted materials in the global market. 2 The main issue faced in Subafilms is whether an infringement claim exists under section 106 of the Copyright Act 3 "when the asserted infringing conduct consists solely of the authorization within the territorial boundaries of the United States of acts that occur entirely abroad." 4 The court faced two central questions in addressing the issue. The court first had to determine the extent of the authorization right granted to copyright owners in section 106 of the Act. 5 Next, the court addressed whether the Copyright Act should be applied extraterritorially. 6 The cases that had previously examined these problems were somewhat conflicting in their interpretations and applications. 7 Nonetheless, the Subafilms court held that domestic authorizations of foreign copyright infringements are not actionable under the Copyright Act, absent further guidance from Congress. 8 Subafilms is important because it attempts to establish a solid rule in the area of copyright authorizations. 9 The case is also significant because it reinforces the strict presumption of territoriality in the area of copyright protection. 10
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Third-Party Innocence: Domestic Authorization of Foreign Copyright Infringement and Subafilms, Ltd. v. MGM-Pathe Communications Co.
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Autor/in / Beteiligte Person: | Ballance, Michael W. |
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Zeitschrift: | North Carolina Journal of International Law & Commercial Regulation, Jg. 20 (1995), S. 435 |
Veröffentlichung: | 1995 |
Medientyp: | academicJournal |
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