Choice of law and jurisdiction in cross-border copyright infringement disputes in the EU – An assessment of the current rules

Abstract

The advent of the Internet and digital technologies have challenged the territoriality of copyright. Cross-border infringements, instant availability of copyrighted works and the difficulty to tie infringements to a specific location have forced legislators and judges to adapt.

But is the current legal framework on conflict of laws and jurisdiction in the EU suited to the digital challenges of our connected era? Do the current rules strike a fair balance between the interest of all copyright stakeholders? This paper argues that the current framework fails at bringing easy solutions for right-holders to recover damages as well as shielding copyright users from abusive legal procedures. While other legal researchers have come earlier to the same conclusion, making a comprehensive review of scattered point of views and critically confront them is lacking in today’s literature. A new outlook on the issue, focused on the most recent technological developments of digital copyright, is needed to refresh a debate dominated by institutional proposals such as the CLIP Principles. Even more importantly, practical ideas for substantive reforms are provided to show the way forward.