Cross-Border Considerations: Balancing Copyright Territoriality and Choice of Law Application

Catalyzed by dramatic technological advancements since the onset of the internet age, exploitation of creative works across national borders has expanded exponentially and increased the frequency with which otherwise disparate legal systems interact. These interactions, however, have raised significant challenges as domestic courts must now frequently engage in complex choice of law analyses that often require application of multiple foreign copyright laws despite having limited knowledge of the underlying policies implicated by such laws. Our panel will explore approaches to choice of law conflicts in copyright cases both from U.S. and foreign perspectives, thereby attempting to make this opaque topic more comprehensible.