A New Discussion On The Choice-of-law Rule Of Initial Ownership In Cross-border Copyright Cases

As one of the most significant feature of copyright,the territoriality should not be the obstacle of the phenomenon of conflict of laws,it also does not necessarily require the application of a certain applicable law in the field of foreign copyright.In terms of choice-of-law rule of initial ownership in the case of cross-border copyright cases,lex protectionis should be the laws of the country for which protection is claimed,not only lex fori or lex loci delicti which understood based on strict territoriality,also include the laws of the country which granted the right.As a bilateral conflict rule,lex protectionis may cause an application of foreign law,this kind of application of a foreign law should not be a contrary to the territoriality principle.For the copyright holders,there are several countries which granted the right in the background of international protection of copyright.In other words,the copyright holders enjoy a series of copyright in the member states when they meet the conditions of Berne Convention.In order to maintain the legal certainty of the copyright holders and to avoid the phenomenon of multiple laws govern the ownership issues caused by the application of lex protectionis,the consideration should be given to seeking a new choice-of-law as the alternatives to lex protectionis principle from the point of view the single-law approach.However,regarding the moral rights,courts may insist on the principles of public policy and mandatory rules doctrine to exclude the applications of foreign laws.