엔터테인먼트법상 법률의 선택에 관련된 국제저작권법의 일반원칙

Abstract

In entertainment industry, the infringement of copyright may be happened in every country in the world. If the law of copyright registration country is different from one of copyright piracy country, the conflict of laws will be happened. This time, the problem of law choice takes place. As the general principles of the choice of law, there are the registration place law principle and the infringement place law principle, national treatment and so on. The general rule of international copyright act is that according to registration country law and national treatment, the copyright in a certain country is protected in every country in the world. and if a infringement of copyright happen, the procedure for litigation should follows trespass place law by infringement place law principle. However, these principles are no more than general rules on choice of law. the Berne convention's or the Universal Copyright Convention's principles should be regard as general rules, not as enforcing rules. The principles for choice of law need not apply to every case equally. In these globalization ages, infringement of copyright may well be treated by the common principles of international copyright acts. But, it's important that each case should be examined by it's own characteristic. Furthermore, we had better consider the purpose of litigation than the principle of the suit. If we focus on only the principles of the international copyright acts, we may miss the purpose of the Action. In case of Russian copyright infringement, we can see the negative side of strictly application of the general rule of international copyright law. The circuit applied the general rules to the case strictly. And so they could show the standard of international copyright Act. However, we can also notice its side effect now. They made the litigation more difficult. They made the litigation break parts and made Russian copyright owner, reporters's taking part in the lawsuit complicated. As a result they forced some copyright holders -reporters of articles to give up taking part in the lawsuit. In this case, we need consider whether observing of the rules is important for protecting of the copyright. But the principles should be existed in order to protect the original purposes of litigation and International Copyright Law should be to prevent copyright piracy everywhere in the world.