Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

What law would be applied if an IGO itself chooses to enforce the terms of the license against a violator?

0
Posted

What law would be applied if an IGO itself chooses to enforce the terms of the license against a violator?

0

None of the CC licenses (ported or international) contains a forum or jurisdiction selection clause. Unlike the CC international licenses, however, some of the ported licenses contain a choice of law provision. CC suggests that IGOs use the international licenses because they do not contain such a provision, leaving the decision of which law applies to the tribunal in which enforcement of the license is sought by the IGO. Those responsible for setting intellectual property or publication policy within an IGO should consider making these points clear in their copyright notice.

0

None of the CC 3.0 international licenses (contains a forum or jurisdiction selection clause. The only ported 3.0 licenses that contain a forum selection clause is the Hong Kong 3.0 license suite. This suite is not recommended for use by licensors who want to preserve their right to bring an action in another forum. A few of the ported licenses contain a choice of law provision. CC suggests that IGOs use the international licenses because they do not contain any forum selection clause or any choice of law, leaving the decision of which forum and law applies to the tribunal in which enforcement of the license is sought by the IGO. Those responsible for setting intellectual property or publication policy within an IGO should consider making these points clear in their copyright notice.

Related Questions

Thanksgiving questions

*Sadly, we had to bring back ads too. Hopefully more targeted.