Limitations to parties’ choice of law in copyright exploitation contracts in the digital era (Part 1)

Author: Jozefien Vanherpe (KU Leuven Centre for IT & IP Law)
Published: 17.10.2022
Image by Pete Linforth from Pixabay The online exploitation of content protected by copyright inherently entails cross-border aspects. Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. It makes commercial sense for parties to leverage their relative bargaining position to impose choice of law clauses that affect their position in a favourable way. This set of two blog posts analyses the primary limitations to parties’ freedom of contract in this context, from the perspective of EU law. Part 1 discusses…