Private international law stipulates that copyright is subject to the so-called principle of territoriality. Substantive conflicts of laws as well as procedural conflicts of jurisdictions regulating copyright are said to operate territorially; i.e., confined to the jurisdiction where protection is claimed. / Copyright, however, is a universally valid proprietary right acquired in the legal regime of the country of the literary or artistic work's origin. The "monopolies of exploitation" that ultimately protect copyright are territorially confined because they are the result of the territoriality of laws and statutes. / This thesis, therefore, introduces a new reading of the private international law of copyright. Copyright, like any other property right, should be understood in systems of real rights transpositions, which adapt its underlying proprietary title to the terms of the respective legal order of protection.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.29943 |
| Date | January 1999 |
| Creators | Wiese, Volker. |
| Contributors | Glenn, H. P. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001681013, proquestno: MQ55111, Theses scanned by UMI/ProQuest. |
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