Whether the author of a copyrighted work should have priority right to the internet domain name composed of the title of that work? Cover Image

Ar kūrinio autorius turėtų turėti pirmenybę į interneto adresų srities simbolinį pavadinimą sudarytą iš kūrinio pavadinimo?
Whether the author of a copyrighted work should have priority right to the internet domain name composed of the title of that work?

Author(s): Andrius Daujotas
Subject(s): Law, Constitution, Jurisprudence
Published by: Florida Coastal School of Law and Vytautas Magnus University School of Law
Keywords: author; copyright; work; priority; right; internet; domain; name; title

Summary/Abstract: Whether the author of a copyrighted work should have priority right to the internet domain name composed of the title of that work? The increasing importance of the Internet causes a tension between internet users and owners of prior intellectual property rights. One of the examples of such conflict of interest could be the use of a part of the copyrighted work (the title of such work) in the internet domain name. The internet domain name is easily remembered alphanumeric designation of an electronic address on the internet. As they are easy to remember and to identify, domain names acquired a supplementary existence as business or personal identifiers. The lack of specific statutory regulation of the domain name registration procedure gives possibility to register a domain name that could infringe copyright. Copyright may or may not be available for titles depending on whether they contain sufficient authorship. Generally the title is not a subject matter of copyright because ideas, news, historical events, well-known isolated words or ordinary phrases are not copyright protected and their use cannot be limited by the author. To satisfy the requirements of creativity and originality the title must be as distinctive, individual and contain such unusual style of expression that its appearance in the domain name (or another work) would preclude coincidence. Such titles of copyrighted works should be protected as the subject matter of the copyright because they are an important part of the work, original result of the author’s creation activity.

  • Issue Year: 2005
  • Issue No: 3
  • Page Range: 81-106
  • Page Count: 26
  • Language: Lithuanian
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