Thursday, February 03, 2005

France v. Virginia: Crazy Law Sudden Death Elimination Round

I have an overwhelming urge to dig out my old vacation photos of the Eiffel Tower and upload them to this website.

Tangentially relevant American case here.

American case law here (a trademark case, but along similar lines).

Under my interpretation of the Berne Convention, U.S. courts need only provide the city of Paris with the same rights that would be provided to American copyright holders - in this instance, none. Presumably a U.S. court would refuse to enforce a French decision in favor of the city under the LICRA decision. But should the city decide to more vigorously enforce its copyright in the image in France, there's nothing to be done, correct?

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