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RIDA 268 | 04-2021

Doctrine

Advocating a new approach to online copyright infringement in private international law

HAGE, Yves

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Début de l'article :

In private international law, copyright infringements committed online are subject to a so-called "mosaic approach". This approach consists in a strict territorial fragmentation of the legal and jurisdictionnal regime. The disadvantages of such an approach are legion. We therefore propose a new approach, called "centralizing approach", which would lead to a global competence of the judge and the law of the country of "the most significant impact". This most significant impact can be located in the country where the website has its leading audience, which can be determined today thanks to geographic audience measurement tools.