Once relatively rare, infringement of the same work by the same defendant in different countries promises to multiply with the increased global use of digital transmission networks. If a copyrighted work is copied without authority in both Country A and B, and if lawsuits are filed in both countries, which forum, if either, takes precedence? If suit is first filed in Country A, can Country A’s rules on accounting for profits properly be applied to recovery of profits earned in Country.
Electronic marketing of copyrighted works has increased the occasions for a single copyright infringement to cross national boundaries. If, without authority, a broadcaster in Country A transmits a musical work to a satellite, and the satellite signal is first received by the public in Country B, has the broadcaster infringed the work’s copyright under the law of Country A, which makes public reception an element of the cause of action?34 Has the broadcaster infringed under the law of Country B, which makes transmission an element of the cause of action? If, without authority, a film distributor in Country A authorizes a licensee in Country B to distribute motion picture videocassettes there, is the distributor liable for contributory infringement under the law of Country A, which makes an act of direct infringement a condition to recovery for contributory infringement? 35 In either case, the fact that Country B does or does not characterize the conduct occurring within its borders as an infringement, and the fact that Country B does or does not have copyright treaty relations with Country A, may complicate resolution of the question.