Finding a Conflicts Issue in International Copyright Litigation: Did the Second Circuit Misinterpret the Berne Convention in Itar-Tass?

Authors

• David E. Miller, Hogan & Hartson L.L.P.

Abstract

The article critiques the U.S. Court of Appeals for the Second Circuit's decision in Itar-Tass Russian News Agency v. Russian Kurier, Inc., arguing that the court misinterpreted the Berne Convention by creating a conflicts issue where none existed. The court's novel approach of applying Russian law to determine copyright ownership and U.S. law for infringement contradicts the principle of national treatment, which traditionally requires the law of the forum country to govern both issues. This decision, based on weak legal reasoning, ignored historical context, scholarly consensus, and relevant precedents, potentially leading to complications in international copyright litigation.

Disciplines

Civil Rights and Discrimination | Conflict of Laws | Intellectual Property Law | Law | Law Enforcement and Corrections

Recommended Citation

David E. Miller, Finding a Conflicts Issue in International Copyright Litigation: Did the Second Circuit Misinterpret the Berne Convention in Itar-Tass?, 8 Cardozo J. Int'l & Comp. L. 239 (2000).
Available at: https://larc.cardozo.yu.edu/cjicl/vol8/iss2/4