How & Where the Law applies

Quick Facts:

  • Copyright Infringements are are subject to country of origin laws (typically).
  • IP laws are bound by International legislation so the law is applied across all signatory nations.
  • “Your laws don’t apply in my country” doesn’t work very often. 
  • There are exceptions to this, but it requires a specific treaty or a legal contract assigning rights to another party to override the legislation. eg Steam Agreement
Honestly, International IP law is very complicated and can vary depending on which region the IP rights are held or where in some cases the service is located eg Steam. However in 90% of cases, the region where the IP is created and/or registered defines the Law which will control the way the law is applied.
All IP is protected by laws that define how IP can be used. Most of these laws are governed by international Standards agreed by Treaties such as the Berne Convention , The Buenos Aires Convention. And subsequent updates of these laws. Which means while it is very complicated the specific conditions and penalties may vary region to region the meaning of the Law is (largely) consistent for all.
This means that even if you are in a different country than the original Author, you still have to abide by the law of their land. So even if you are in France and the creator is based in the US. US law will override French law. The reverse also applies. US law does not automatically override EU or UK law. In fact a lot of US law isn't applicable in Europe thanks to EU rulings. And there are of course caveats, clauses and exceptions to that too.  It is complicated but the reality is that +90% of the time, you break their EULA that case will be tried under the Creator's local laws.  

Exactly how the law is applied between countries may change if there is treaty in place such as within the EU but even then, these laws are also covered by International Conventions which ensure that IP rights are respected and upheld across international boundaries. So, generally speaking, claiming “Your laws don’t apply in my country” doesn’t work.

Reference Links:
  1. Guide to International IP Rights https://www.wipo.int/publications/en/details.jsp?id=361&plang=EN
  2. https://www.wipo.int/about-ip/en/
  3. WIPO IP Handbook - https://www.wipo.int/about-ip/en/iprm/

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