THE CURRENT TRENDS IN THE DEVELOPMENT OF CONFLICT OF LAWS REGULATION OF CROSS-BORDER COPYRIGHT RELATIONS THATARE NOT DIRECTIY CONNECTED WITH THE COMMERCIAL EXPIOITATION OF A WORK

Abstract

Due to the problem of territoriality, identifi cation of the applicable law to cross-border copyright relations is determined primarily by the national law and order of the state in which territory the rights to the work are protected. Nowadays, confl ict of laws issue with respect to relations not directly connected with the author economic interests remains outside the scope of international legal regulation and is covered by national law and legal practice only partially. The authors of the research conclude that the current trends in the development of confl ict of laws regulation of cross-border copyright relations that are not directly connected with the commercial exploitation of a work are the use of the stable connecting factor as follows: — “the law of the state where the protection is claimed” of the work (lex loci protectionis) — when identifying the protectability of foreign works in the host territory, regulating public domain issues, classifying types and establishing the scope of moral rights of a foreign author; — “the law of the state where the protection is claimed” of the work (lex loci protectionis) and “the law of the state of origin” of the work (lex loci originis) — when establishing authorship of a foreign work.