Abstract

This paper explores the impact of UCITA on European copyright law and focuses on the area of tension between UCITA contract law default rules and European copyright mandatory rules and underlying principles. Choice of law provision set forth in contract governed by UCITA might be displaced because of this tension. Courts may either characterize issues arising out of UCITA contract as one of copyright and not as one of contract, or apply mandatory European copyright rules. As a result, UCITA default rules that are not compliant with European copyright law may rarely be enforceable.

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