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The Law Applicable to Copyright in Electronic Information Services Contracts: A Comparative Study | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 25, Volume 17, Issue: 1 part 2, June 2026, Pages 551-582 PDF (729.53 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.171533.1613 | ||
| Authors | ||
| Raya Sami Saeed* 1; Safaa Abdulkarim Qasim2 | ||
| 1University of Mosul/ College of Law | ||
| 2Northern Technical University/Department of Legal/ Management Technologies | ||
| Abstract | ||
| This research examines the law applicable to copyright in electronic information service contracts within the framework of Private International Law, in light of the rapid development of information and communication technologies and the emergence of new cross-border contractual models. Such developments have given rise to complex legal challenges concerning the protection of copyright in the digital environment, particularly with regard to determining the applicable law governing copyright-related rights arising from international electronic contracts, The study focuses on defining electronic information service contracts, identifying their legal characteristics and parties, and clarifying their role in the exploitation and dissemination of intellectual works through digital means, especially via information banks and electronic databases. It also analyzes the legal nature of copyright in the digital environment, its constituent elements, and the distinction between moral and economic rights, while examining the extent to which copyright protection applies to databases, subject to the requirement of originality in the selection or arrangement of their contents, Furthermore, the research analyzes the position of Iraqi legislation in this regard, in comparison with Egyptian, Emirati, Jordanian, and French laws, and highlights the role of international conventions—particularly the Berne Convention, the TRIPS Agreement, and the Geneva Convention—in establishing international standards for copyright, With respect to conflict of laws, the study discusses the main approaches to determining the applicable law governing copyright in electronic information service contracts, including the law of the state of transmission, the law of the state of reception, and the law of the country where protection is sought. | ||
| Keywords | ||
| Copyright; Electronic Information Service Contracts; Conflict of Laws; Applicable Law; Databases | ||
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