Conflict-of-Laws Rules Governing Copyrights in TV Format

Authors

  • Anna Y. Ananeva
  • Oksana V. Lutkova
  • Sergey Y. Kashkin

DOI:

https://doi.org/10.47059/revistageintec.v11i4.2219

Abstract

The paper aims at finding and formulating conflict-of-laws principles governing TV format copyright relations. To achieve the goal, we used a vague range of methods standard for jurisprudence, e.g. formal-legal, comparative-legal, sociological, and legal modeling methods. As a main result, in comparison with the threads of copyrights conflict-of-laws regulation, we identified the groups of aspects of format issues that have been and have not been brought before courts yet, turned up and explained the approaches to the choice of law usually used by the courts, established in the documents of non-governmental organizations, and proposed our own approach. Moreover, we formulated a cascade of conflict-of-laws rules suitable for finding the proper jurisdictions in TV format contract relations in the absence of choice made by the parties. The paper is the first try to comprehend the issue of conflict-of-laws regulation of format copyright relations.

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Published

2021-07-11

Issue

Section

Articles