The Melting Pot of Copyright Law
The Melting Pot of Copyright Law

Urheberrecht in Jerusalem

Author(s): Michael Birnhack
Subject(s): Law, Constitution, Jurisprudence
Published by: Central European University Press
Keywords: copyright and patent right;Israel;
Summary/Abstract: Studies dealing with legal transplants have generally focused on official channels of transplantation, in cases when a foreign government imposed its laws onto an occupied territory or a colony, or when a country willfully adopted a foreign law. This chapter points to yet another channel of legal transplantation, one that is informal and neither organized nor deliberate,and one that arose via an organic channel from the “bottom up” rather than from the “top down.” This channel occurs when the law acknowledges patterns of immigration, that is, when immigrants themselves bring their disputes along with them. The law applied in such disputes is often the one that is in force in the originating country. If strong and persistent enough, the immigrant’s law might be infused into the law of the new country. This is transplantation-by-immigration. The informal channel might collide with state law and formal channels of legal transplants.Organic transplants are often an uphill battle.

• Details
• Contents