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The Choice Of Law Debate In Copyright Infringement

IP and Legal Filings

Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised. Since copyright in whatever form (even first ownership) is subject to the territoriality principle, many argue that lex loci protectionis is the appropriate course of action. [10]

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The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Kluwer Copyright Blog

A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s. However, it is important to recognize that all artistic works are influenced by those that came before them. [1] photographs seem to be receiving significant protection due to their own nature of easily replicable works.