The Celestial Jam Session: Creative Sharing Online Caught in Conflicts of Copyright Laws

摘要

Let us suppose an intranet within which collaborators creatively recast a copyright work across diverse countries without consent. In unpacking this hypothetical, this article analyses approaches to conflicts of copyright laws relative to cross-border infringement. However, in the case in question, such laws enter into tensions with collaborators' fundamental rights of privacy and freedom of expression. To defuse such tensions while accommodating public policies, a court may decline to enjoin the more or less privately networked copying and communication of a claimant's work. But the court may award damages or profit shares by applying copyright laws country by country to markets on which the infringement has an impact.