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Revisionary Copyright: A Ghost of the Past or a Current Trap to Assignments of Copyright?

Torremans, Paul L. and Otero García-Castrillón, Carmen (2012) Revisionary Copyright: A Ghost of the Past or a Current Trap to Assignments of Copyright? Intellectual Property Quarterly (2). pp. 77-93. ISSN 1364-900X

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Abstract

Worldwide copyright assignments that contain a choice of law clause are the norm. National copyright laws in the United Kingdom and Spain do, however, contain provisions on reversionary copyright in their transition provision. These provisions would, if applicable, terminate the assignment 25 years after the death of the author and hand the copyright back to the author's successors in title rather than the assignees. From a choice of law pwerspective this becomes a classification issue. This article argues that we are dealing with a transferability issue and that the issue cannot be classified as contractual. That puts numerous assignments at risk.


Item Type:Article
Uncontrolled Keywords:Copyright – International contracts – transitory rules – qualification – applicable law
Subjects:Social sciences > Law > Private international law
Social sciences > Law > Comparative law
Social sciences > Law > Intellectual property
ID Code:15652
Deposited On:19 Jun 2012 08:29
Last Modified:06 Feb 2014 10:29

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