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Full-Text Articles in Conflict of Laws
Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary Lafrance
Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary Lafrance
Scholarly Works
Determining the best choice of law principle for right of publicity claims, and persuading courts to adopt this principle, will enhance predictability for potential plaintiffs and defendants in the foreseeable future. To begin this process, this article by Professor Mary LaFrance takes a critical look at the widespread practice of applying the law of the celebrity's domicile to determine the existence of an enforceable right of publicity.
This article suggests that there are strong policy arguments against the domicile rule, and that courts adhering to the rule are confusing disputes over property ownership with disputes over liability for tortious injury …
Geolocation, Geoblocking, And Private International Law, Marketa Trimble
Geolocation, Geoblocking, And Private International Law, Marketa Trimble
Boyd Briefs / Road Scholars
Prof. Marketa Trimble delivered her lecture Geolocation, Geoblocking and Private International Law on October 6, 2016 to students attending the Law School of Masaryk University in the Czech Republic.
Extraterritorial Enforcement Of National Laws In Connection With Online Commercial Activity, Marketa Trimble
Extraterritorial Enforcement Of National Laws In Connection With Online Commercial Activity, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble displayed this slideshow during her presentation at the Fifth Annual Internet Law Works-in-Progress conference, held at Santa Clara Law on March 7, 2015.
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Scholarly Works
The increasing frequency with which activities involving intellectual property (“IP”) cross national borders now warrants a clear definition of the territorial reach of national IP laws so that parties engaging in the activities can operate with sufficient notice of the laws applicable to their activities. Legislators, however, have not devoted adequate attention to the territorial delineation of IP law; in fact, legislators rarely draft IP statutes with any consideration of cross-border scenarios, and with few exceptions IP laws are designed with only single-country scenarios in mind. Delineating the reach of national IP laws is actually a complex matter because the …
The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble
The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble
Scholarly Works
From the early days of the Internet, commentators have warned that it would be impossible for those who act on the Internet (“Internet actors”) to comply with the copyright laws of all Internet-connected countries if the national copyright laws of all those countries were to apply simultaneously to Internet activity. A multiplicity of applicable copyright laws seems plausible at least when the Internet activity is ubiquitous — i.e., unrestricted by geoblocking or by other means — given the territoriality principle that governs international copyright law and the choice-of-law rules that countries typically use for copyright infringements.
This Article posits that …
Advancing Ip Policy Through Conflict Of Laws Rules, Marketa Trimble
Advancing Ip Policy Through Conflict Of Laws Rules, Marketa Trimble
Boyd Briefs / Road Scholars
Prof. Marketa Trimble gave her presentation Advancing IP Policy through Conflict of Laws Rules at the IP Scholar Conference held August 8-9, 2013 at Cardozo School of Law.