Setting Boundaries

Paul Goldstein, Bita Rahebi, and Roman Swoopes authored an article for Intellectual Property Magazine discussing how U.S. courts are addressing the question of copyright liability for extraterritorial conduct and strategies, including geoblocking, aimed at avoiding liability in the U.S. by foreign entities.

“In an increasingly connected marketplace, unauthorized performances and displays of copyrighted works easily cross national borders,” the authors wrote.

“Although the U.S. Copyright Act generally does not apply to act outside the U.S., recent decisions taking a relatively broad view of the public performance right leave no doubt that website owners cannot avoid liability merely by locating their operations abroad.”

Read the full article.