Talk:Itar-Tass Russian News Agency v. Russian Kurier, Inc.

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This article gets the central holding wrong

Yow, I don't have the time to do as full a rewrite as this will probably take, but this article completely misunderstands the Itar-Tass case and misstates its central holding. The case did not hold that "to determine whether a claimant actually held the copyright on a work, the laws of the country of origin had to be applied (lex originis)". In fact, it specifically disavowed that.

It held that the laws of the country with the "most significant relationship" to the work will be applied to determine ownership . It expressly disavowed a simplistic rule that the country of origin was the determining factor. In this case, the factors that pointed to Russia as the choice-of-law were the nationality of the authors and the place of first publication.

Copyright is a form of property, and the usual rule is that the interests of the parties in property are determined by the law of the state with “the most significant relationship” to the property and the parties... Since the works at issue were created by Russian nationals and first published in Russia, Russian law is the appropriate source of law to determine issues of ownership of rights.... Russia is the “country of origin” of these works..., although “country of origin” might not always be the appropriate country for purposes of choice of law concerning ownership.

To paraphrase this as being straightforward country-of-origin completely misses the point of the case. TJRC (talk) 22:01, 28 March 2012 (UTC)[reply]

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