RIDA 254 | 10-2017

Doctrine

The Duran Duran case in private international law: copyright, copyright contracts and the question whether section 203 US Copyright Act involves a form of reversionary copyright

Paul TORREMANS

Code : 254-D3
Keywords :
Berne (Convention de) , Assignment, transfer, Common law, Moral rights, Disclosure, Matrimonial property regime, Acquest, Separate property, Spouse, Donation, Applicable law, Public policy

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I. INTRODUCTION Copyright experts often distinguish between questions that concern the copyrights as such, ie originality, the scope of the exclusive right (or its infringement in enforcement terms), its term and the issues of authorship and ownership, on the one hand and once copyright is in place its contractual transfer, often by means of an assignment. Especially in a common law setting, copyright law deals with the first aspect and contract law deals with the second aspect. Assignees of copyright may therefore consider themselves to be the (exclusive) owners of the copyright that was assigned to them, especially if, as happens frequently, the assignment took the form of a worldwide transfer of the right for the (entire) duration of copyright.

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