*523 ICE PATCH ON THE INFORMATION SUPERHIGHWAY:  FOREIGN LIABILITY FOR
DOMETICALLY CREATED CONTENT

Alexander Gigante [FNa]

Copyright © 1996 Yeshiva University; Alexander Gigante

 Full Text of this Article

   Introduction

  Until recently, the Internet was a legal backwater.  Functioning primarily as a network of governmental, university and other 'institutional' computers, it was for the most part the preserve of researchers, computer sophisticates, and like users. [FN1]  Except for occasional destructive pranks by perverse hackers, little of any legal significance occurred on the Internet. [FN2]

  So-called browser programs like Netscape and Mosaic, which have rapidly gained popularity in the last few years, now promise to change everything. Using formats familiar to the most casual computer user, these browsers provide an easy-to-use graphical interface with the Internet. [FN3]  Today, anyone can mine the Internet's riches from office or home.  This ready accessibility is a two-way street: those same offices and homes now are targets for vendors, advertisers, and purveyors of all kinds of Internet content.  Even more enticing for those seeking new markets or  audiences is the fact that the Internet circumnavigates the globe. [FN4]  An Internet *524 server located in Boston can communicate as easily with Rio de Janeiro or Hong Kong as with New York City.

  Ironically, the Internet's facile crossing of national borders both enhances and threatens its potential.  As use of the Internet shifts more toward commercial pursuits, it will see its share of the abuses typical in other areas of human activity. [FN5]  Although national governments have until now maintained a benign attitude toward the Net's unregulated flow of information across their borders, it is naive to believe that a government will refrain from interceding where the Internet harms its citizens or national interests. Moreover, even in situations that do not concern governments, the private civil law of a particular country might invite forum shopping by private litigants. [FN6]

  Because current technology does not permit construction of impermeable walls to control the flow of Internet communication from country to country (walls being inimical to the concept of the Internet in any event), legal action-- whether civil, criminal, or regulatory--affecting the Internet in any country will have Internet-wide, and consequently international implications. [FN7] A recent example *525 of this phenomenon is CompuServe's decision to deny its subscribers worldwide access to certain sex-related discussion groups because of potential liability under German antipornography laws. [FN8]  The CompuServe case is the tip of the iceberg. [FN9]

  Using the laws of the United Kingdom, France, and Italy as representative examples, this article will first describe how domestically created Internet content raising no legal concerns in the United States could conflict with foreign law in four areas important for Net-disseminated information: defamation, so-called moral rights (droit moral), comparative advertising, and right of privacy. [FN10]  Proceeding on the assumption that the risk of liability under the laws of other countries will retard Internet innovation and exploitation, [FN11] this article then will propose an international solution to permit continued Internet development and evolution. [FN12]

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The Moral Right of Integrity in France

  One aspect of moral rights marks a sharp difference between American and French law.  Under French law, every creator has a personal, perpetual, and inalienable right to respect for his or her name and for the artistic integrity of the creative work. [FN43]  Because this right is personal, it remains with the creator even after a transfer of the copyright in the work. [FN44] The creator cannot validly waive the right in advance, but rather must have full knowledge of any derogation of the right before giving consent. [FN45] On the death of the creator, the right passes to the deceased's heirs, or, in the case of a testamentary disposition, to the legatee. [FN46]

  Thus, French law gives the creator who has parted with the copyright a continuing, perpetual right to safeguard the integrite of the work under the theory that it represents an extension of the creator's personal reputation. [FN47]  In contrast, American law generally does not allow a creator divested of copyright to object to the *532 manner in which the work is thereafter adapted or modified. [FN48]  Indeed, in ratifying U.S. accession to the Berne Convention on Copyright, Congress disclaimed that accession meant U.S. acceptance of the moral right of integrity, expressed in the Berne treaty:
    Independently of the author's economic rights, and even after the transfer of said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation, or other modification of, or other derogatory action in relation to, the said work, which shall be prejudicial to his honor or reputation. [FN49]

  Two cases involving several giants of Russian classical music, among them Shostakovich and Prokofiev, illustrate the divergent approaches of American and French law in this area. [FN50]  In 1948, the composers sued Twentieth Century-Fox in New York State court after the motion-picture company released an anti-Soviet film entitled The Iron Curtain using their public-domain music. [FN51]  Living under Stalin, the composers were understandably sensitive about *533 having their works and personal reputations associated with the film.  However, the court rejected their application for an injunction enjoining use of their music and names in the film, finding none of their claims for relief viable under New York law.  With regard to the composers' moral right to control use of their public-domain works, the court held that
    [w]ith reference to that which is within the public domain there arises a conflict between the moral right and the well established rights of others to use such works. . . .  In the present state of our law the very existence of the right is not clear, the relative position of the rights thereunder with reference to the rights of others is not defined nor has the nature of the proper remedy been determined. [FN52]

  At the same time in France, the composers filed a complaint with the police, resulting in the seizure of copies of the film intended for distribution there. [FN53]  On appeal, Twentieth Century-Fox argued--as it had argued successfully in New York--that the composers had no rights in their compositions because they had failed to register the copyrights.  In rejecting Twentieth Century-Fox's appeal and sustaining the seizure of the film, the appellate court ruled that under French law copyright vested in the composers independent of registration and irrespective of the fact that the Soviet Union did not accord reciprocal protection to French authors and artists. [FN54] The court awarded the composers monetary damages for the prejudice moral (that is, spiritual or intellectual injury) suffered on account of Fox's actions. [FN55]

  French law's solicitude for the integrity of creative works could have a major impact on the development of the Internet as an entertainment medium. [FN56]  With the advent of new technologies like *534 Java [FN57] and Shockwave, [FN58] the long-promised interactive and multimedia cyberworld approaches reality. [FN59]  To cite but one example, American motion picture companies, holding vast archives of films and their component music, still photographs, and screenplays, are mother lodes of content for interactive and multimedia projects. [FN60]  Modern technology allows the interactive/multimedia producer to colorize, digitize, 'morph,' rearrange, and otherwise manipulate a film and its components to create something never envisioned by the creators of the original work. [FN61]  American law permits such manipulation of an underlying work by the copyright owner (the motion-picture company in the current discussion), or the owner's licensee, without regard to the underlying work's 'integrity.' [FN62]  However, a problem arises when the U.S. copyright owner (or its licensee) attempts to display the new creation in a moral rights jurisdiction like France, as Ted Turner and the French television channel 'La Cinq' learned when a court there held them liable for damages flowing from the broadcast of Turner's colorization of the originally black-and-white film The Asphalt Jungle. [FN63]

  *535 American-created Internet content entailing material alterations in artistic works would, when projected into France, raise the same droit moral issues. [FN64]  A French court would have jurisdiction over the American Internet producer [FN65] on the complaint of the creator or other person asserting the moral right of integrity. [FN66]  An international company, with assets vulnerable to a French judgment, obviously would have the greatest exposure. [FN67]  However, even a U.S. bound producer would be at risk, because unlike a public-figure libel judgment rendered abroad, a French (or, for that matter, any foreign) judgment based on droit moral should not encounter public-policy or constitutional obstacles to enforcement in the United States. [FN68]  Thus, current ambitious projects to tap the *536 reservoir of American intellectual property to create new multimedia and interactive content for the Internet could suffer constraints imposed by French courts at the behest of directors, writers, and other contributing artists (and their heirs) unhappy with (unremunerated) Philistine cyber- adaptations of their artistic contributions.

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FN[FNa]. Copr. 1996.  The author wishes to thank Mr. Radu Popa, Associate Director for Global Library Services, N.Y.U. School of Law, for his invaluable assistance in locating sources for this article.  Unless otherwise noted, all translations are the author's.

FN[FN1]. Ann Wells Branscomb, Anonymity, Autonomy and Accountability: Challenges to the First Amendment in Cyberspace, 104 Y ale L.J. 1639, 1646- 47 (1995).

FN[FN2]. See John Markoff, A Most Wanted Thief is Caught in His Own Web, N.Y. T imes, Feb. 16, 1995, at A1, and Tsutomu Shimomura with John Markoff, Catching Kevin, W ired, Feb. 1996, at 119 (discussing the case of cyberpunk Kevin D. Mitnick).  See Paul H. Arne, New Wine in Old Bottles: The Developing Law of the Internet, in I ntellectual P roperty L aw I nstitute 1995, at 9, 33- 34 (PLI Patents, Copyrights, Trademarks and Literary Prop. Course Handbook Series No. G-416, 1995) (discussing the case of Robert T. Morris, the Cornell student who sent a destructive "worm" coursing through the Internet).

FN[FN3]. Internet sites accessible via a browser are sometimes described as forming the 'World Wide Web.'  However, browsers also provide access to non-Web services on the Internet, such as gopher and telnet.  ACLU v. Reno, 929 F. Supp. 824, 836 (E.D.Pa. 1996), appeal docketed, 65 U.S.L.W. 3295 (No. 96-511) (decision of three-judge panel).  Thus, while the Internet and the Web are not the same thing, for the average user browsing with a Windows-based graphical interface, it all appears to be the same. For the sake of consistency, this article will refer to the 'Internet' or the 'Net' interchangeably in discussing the wide variety of on-line services now available, such as Web sites, Gopher, Archie, ftp, and telnet. See Amy Cortese et al., The Software Revolution: The Internet Changes Everything, B us. W k., Dec. 4, 1995, at 78.

FN[FN4]. By the beginning of 1995, the Internet linked 75 countries, with another 77 connected by e-mail.  John Verity & Rob Hof, The Internet: How It Will Change The Way You Do Business, B us. W k., Nov. 14, 1994, at 82.

FN[FN5]. See B. de Schutter, Trends in Coping With Telecom-related Delinquency, in Legal and Economic Aspects of Telecommunications 711 (S. Schaff ed., 1990).

FN[FN6]. Rosalind Resnick, Cybertort: The New Era, N at'l L.J., July 18,  1994, at A1.

FN[FN7]. The U.S. federal system has already provided an analogy with the federal government's successful obscenity prosecutions in Tennessee of the operators of an "adult" computer billboard in San Jose, California.  United States v. Thomas, 74 F.3d 701 (6th Cir. 1996).  San Jose law-enforcement officials had previously determined that the billboard was not obscene under their local community standards, but the government prosecuted the defendants under the community standards of Memphis, where the billboard download occurred.  Pamela A. Huelster, Cybersex and Community Standards, 73 B.U. L. Rev. 865, 866 (1995).  In affirming the convictions, the Court of Appeals found that the defendants could control the destination of downloads through passwords and  therefore knowingly sent the offensive materials into Tennessee by giving out passwords to Tennessee residents. Thomas, 74 F.3d 701.  The affirmance in the Thomas cases thus did not decide whether all providers of "adult" material on the Internet--including those who cannot control the destinations of downloaded materials--must conform to obscenity standards everywhere to be safe from prosecution.  See A.C.L.U. v. Reno, 929 F. Supp. at 852-53, 862-63 (determining that the Communications Decency Act of 1996 is void for vagueness in part because of lack of national standard of obscenity).
However, several recent civil decisions suggest that Internet jurisdiction is  national.  In both Inset Systems, Inc. v. Instruction Set, Inc., 937 F. Supp. 161 (D. Conn. 1996), and Maritz, Inc. v. Cybergold, Inc., No. 4:96CV01340 ERW, 1996 U.S. Dist. LEXIS 14978 (E.D. Mo. Aug. 19, 1996), the court held that an Internet transmission was sufficient basis to exercise personal jurisdiction under the applicable state long-arm statute and the Due Process Clause.  See also Playboy Enters., Inc. v. Chuckleberry Publishing, Inc., No. 79 Civ. 3525, 1996 WL 396128 (S.D.N.Y. July 16, 1996), holding magazine images downloadable without a password from an Italian magazine's Internet site violated 15-year-old trademark injunction against distribution of the magazine in U.S.  Bensusan Restaurant Corp. v. King, 937 F. Supp. 295 (S.D.N.Y. 1996), holding contra, is distinguishable by the fact that there (in contrast with Inset Systems and Maritz) the Net surfer visiting the defendant's site could not access the defendant's services or otherwise transact business with the defendant.  But see Pres-Kap, Inc. v. System One, Direct Access, Inc., 636 So.2d 1251 (Fla. Dist. Ct. App. 1994) (holding due process bars exercise of long-arm jurisdiction over defendant whose only contact with state was via on-line access to computer database).

FN[FN8]. See John Markoff, On-Line Service Blocks Access to Topics Called Pornographic, N.Y. T imes, Dec. 29, 1995, at A1.  CompuServe subsequently announced that it was reinstating all but five of the discussion groups and  supplying screening software to users requesting that option.  Peter H. Lewis, An Online Service Halts Restriction on Sex Material, N.Y. T imes, Feb. 14, 1996, at A4.  Even when CompuServe's ban was in effect, German Net users could circumvent their government's restriction by accessing the sites directly through the Internet.  Mitterrand Cyberbook Spins Tangled Legal Web, Agence France Presse International French Wire, Jan. 24, 1996; see also Compuserve Caves In, NetGuide, Mar. 1996, at 80.

FN[FN9]. See Nathaniel C. Nash, Germans Again Bar Internet Access, This Time to Neo-Nazism, N.Y. T imes, Jan. 29, 1996, at D6 (reporting that after receiving warnings from the German state prosecutor, Deutsche Telekom blocked Internet access to a Toronto-based neo-Nazi site); cf. Alan Cowell, German Court Begins Hearing Case of American Neo-Nazi, N.Y. T imes, May 10, 1996, at A3 (reporting on Germany's criminal prosecution of an American neo-Nazi for mailing prohibited Nazi paraphernalia into Germany from the U.S.).  The U.S. had refused extradition on the ground that the defendant's activities in the United States were protected by the First Amendment, but Germany successfully extradited him from Denmark when he visited that country.

FN[FN10]. See Michael D. Scott, Advertising in Cyberspace: Business and Legal Considerations, 12 C omputer L aw. 1 (1995).

FN[FN11]. Branscomb, supra note 1, at 1649; Huelster, supra note 7, at887.

FN[FN12]. See Branscomb, supra note 1, at 1647 ('[T]ransferring legal norms from the real world may result in the application of rigid rules inappropriate to the cybercommunities and may jeopardize the full development of the information agora that the technology promises.').

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FN[FN43]. See La Loi N. 57-298 du 11 mars 1957 [Law No. 57-298 of Mar. 11, 1957], J.O., Mar. 14, 1957, p. 2723, arts. 1(2), 6 (codified as L.111-1, L.121- 1 by Law No. 92-597 of July 1, 1992, J.O., July 3, 1992, p. 8801 [IPC]) (Fr.) [hereinafter 1957 Act]; see Carter, 71 F.3d at 81.

FN[FN44]. See Judgment of Mar. 12, 1936, Cour d'appel, Paris, 1936 Rec. Somm. Jur., No. 882, 1936 D. Jur. (Hebdo.) 257 (Fr.).

FN[FN45]. See Judgment of May 27, 1959, Trib. gr. inst., 24 Revue Internationale du Droit d'Auteur [hereinafter R.I.D.A.] 149 (July 1959) (finding that contract made by the famed entertainer Mistinguett to film her life story was a nullity because it purported to prospectively grant the producer discretion regarding the film's portrayal of Mistinguett and her family); see also Henri Desbois, L e D roit D'A uteur en F rance 542 (3d ed. 1978); Robert Plaisant, P ropriete L itteraire et A rtistique 61 (1st ed. 1985).

FN[FN46]. See Desbois, supra note 45, at 582-83.  The droit moral is perpetual, "existing for so long as the work survives in human memory and is an object of exploitation."  Claude Colombet, P ropriete L itteraire et A rtistique 151 (4th ed. 1988).  Where, for any reason, there is no heir or legatee competent to enforce the droit moral of the deceased creator, any interested person (for example, a relative not qualifying as an heir, an editor or publisher, or a government official) may enforce the right with the assistance of the courts.  1957 Act, A rts. 19, 20 (IPC L.121-2, L.121-3); see Desbois, supra note 45, at 582-83; Gaston Bonnefoy, L a N ouvelle L egislation sur la P ropriete L itteraire et A rtistique 101 (1959); see also Judgment of Feb. 19, 1964, Cour d'appel, Paris, 1 G.P. 247 (1964) (although holding that article 20 did not give writers' association standing to challenge Roger Vadim's film adaptation of the 18th-century novel Les Liaisons Dangereuses, the judgment underscores droit moral's perpetuite in suggesting that the Minister of Culture, representing the national patrimony, would have standing).

FN[FN47]. Desbois, supra note 45, at 539 ("'a travers la creation, c'est la personnalite du createur qui recoit aide et protection").  Another commentator poetically describes the droit moral as being attached to the author of a creative work like the glow is to phosphorus.  Colombet, supra note 46, at 149 ("le droit moral s'attache 'a l'auteur comme la lueur au phosphore").

FN[FN48]. Nimmer & Nimmer, supra note 40, s 8D.02[D], at 8D-17 to 8D-22. The one exception to this general rule concerns works of visual and graphic art, where creators have acquired by statute certain rights regarding integrity.  See Visual Artists Rights Act of 1990, codified at 17 U.S.C. s 106a (1994); California Art Preservation Act, C al. C iv. C ode. s 987 et seq. (West 1982 & Supp. 1995); New York Artists' Authorship Rights Act, N.Y. Arts & Cult. Aff. s 14.03 (McKinney's Supp. 1995); see also Carter, 71 F.3d at 77.

FN[FN49]. Berne Convention for the Protection of Literary and Artistic Works, as last revised July 24, 1971, 828 U.N.T.S. 221, art. 6 bis(1). Section 3(b) of the Berne Implementation Act of 1988, Pub. L. No. 100-568, 102 Stat. 2853, paraphrasing the language of art. 6 bis(1), provides in pertinent part:
The provisions of the Berne Convention, the adherence of the United States thereto, and satisfaction of United States obligations thereunder, do not expand or reduce any right of an author of a work, whether claimed under Federal, State, or the common law--
....
(2) to object to any distortion, mutilation, or other modification of, or  other derogatory action in relation to, the work, that would prejudice the author's honor or reputation.
Section 3(b) of the Berne Implementation Act, Congress' response to 'an avalanche of opposition to moral rights ... ' rests on the premise that the Berne Convention does not obligate signatories to enact moral rights legislation.  Nimmer & Nimmer, supra note 40, s 8D.02[C], at 8D-15 to 8D-16. In the United Kingdom, ironically, Parliament added guarantees of moral rights to the Copyright, Designs and Patents Act of 1988, in the belief that such provisions were necessary to bring British law into compliance with the Convention.  See infra note 56; Stephen M. Stewart, I nternational C opyright and N eighbouring R ights s 18.76 (2d ed. 1989).

FN[FN50]. Shostakovich v. Twentieth Century-Fox Film Corp., 80 N.Y.S.2d 575 (N.Y. Sup. Ct. 1948), aff'd, 87 N.Y.S.2d 430 (N.Y. App. Div. 1949) (citations omitted); Judgment of Jan. 13, 1953, Cour d'appel, Paris, 1 G.P. 191 (1953), 1953 J.C.P. II, No. 7667.

FN[FN51]. The compositions apparently fell into the public domain because at the relevant times the United States and the Soviet Union did not have an agreement concerning copyrights.  Alain Strowel, D roit D'A uteur et C opyright 557 n.324 (1993).

FN[FN52]. Shostakovich, 80 N.Y.S.2d at 578-79 (citations omitted).

FN[FN53]. Judgment of Jan. 13, 1953, 1 G.P. 191 (1953), 1953 J.C.P. II, No. 7667.

FN[FN54]. Id.

FN[FN55]. Id.  The judgment of the French court thus did not turn expressly on the moral rights of the composers, which as already noted exist independently of copyright (see supra text accompanying notes 40-49), because the court found that the composers in fact had enforceable copyrights infringed by Fox's use of their music in the film.  Nonetheless, while acknowledging that Fox's infringement inflicted only 'minimal' pecuniary injury, the court awarded damages for the prejudice moral, showing how a French court will distinguish between--and separately protect--the economic and spiritual (i.e., ' moral ') elements of intellectual property.  See also supra note 42.

FN[FN56]. French law merely serves as an example in this discussion.  By extension, the same concerns would apply in the many other countries recognizing similar moral rights.  See, e.g., 1 Melville B. Nimmer & Paul  Geller, I nternational C opyright L aw and P ractice s 7[1][c], at F.R.G. 93; 2 id. s 7[1][b], at Italy 59 (1988).  In the United Kingdom, the Copyright, Designs and Patents Act of 1988, Chap. IV, ss 77-89, brings into British law for the first time many droit moral concepts long established elsewhere.  See 9 Halsbury's Laws of England P 961A (4th ed. Supp. 1995).

FN[FN57]. See Java: Programming for the Internet <http://java.sun.com>.

FN[FN58]. See Macromedia Home Page <http://www.macromedia.com>.

FN[FN59]. Michael D. Scott, M ultimedia: L aw & P ractice s 1.02, at 1-16, s 1.03[B], at 1-35 to 1-36 (1995).

FN[FN60]. Id. at 1-17; Verity & Hof, supra note 4.  See Ron Renberg, The Money of Color: Film Colorization and the 100th Congress, 11 H astings Comm. & Ent L.J. 391, 395-96 (1989) ("Turner Broadcasting Company, which owns the MGM film library, controls over 3,600 movies, 2,500 of which command little, if any, attention in their original black-and-white form") (citations omitted).

FN[FN61]. Scott, supra note 59, at 1-8 to 1-9.  Regarding "morphing" of old  film images (as in the Diet Coke commercials in which Jimmy Cagney, Humphrey Bogart, and Groucho Marx all made "appearances"), see, e.g., Tim Stevens, How'd They Do That? Digital Technology, Information in the Form of Computer Data, Is Impacting All Forms of Communication, Industry Wk., June 21, 1993, at 30; James R. Norman, Lights, Camera, Chips!  Movie Makers Such as Boss Film Studios Use the Latest Digital Film Processing Techniques for Special Effects, Forbes, Oct. 26, 1992, at 260; see also Craig A. Wagner, Motion Picture Colorization, Authenticity and the Elusive Moral Right, 64 N.Y.U. L. Rev. 628 (1989).

FN[FN62]. Scott, supra note 59, s 9.23.  Elise K. Bader, A Film of a Different Color: Copyright and the Colorization of Black and White Films, 5 Cardozo Arts & Ent. L.J. 497, 530-34 (1986).

FN[FN63]. Judgment of May 28, 1991, Cass. civ. 1re, 1991 Bull. Civ. I 113, No. 172, 1993 D. Jur. 197, on remand, Judgment of Dec. 19, 1994, Cour d'appel, Versailles, 1995 D.S. Jur. (IR) 65.  The Cour de Cassation (France's highest court for private civil cases) acted on the application of the heirs (including actress Anjelica Huston) of the film's director,  John Huston.  A lower court had refused to grant them relief on the ground that Huston had signed a contract with the film's original producer, valid under American law, in which he forfeited all authorship rights in the film.  The Cour de Cassation  characterized the lower court's refusal as a violation of French law, 'which protects the integrity of a literary or artistic work irrespective of the jurisdiction in which it was first published, and recognizes that the author is invested with the droit moral in that regard by virtue of the sole fact of his creative effort.'  1991 Bull. Civ. I 113, No. 172, 1993 D. Jur. 197.  On remand, the Cour d'appel, having been presented with unequivocal evidence of Huston's opposition to colorization during his lifetime, awarded his heirs F600,000 in damages for the injury to the film's integrity.  1995 D.S. Jur. (IR) 65.  See also Judgment of Apr. 29, 1959, Cour d'appel, Paris, 1959 D. Jur. 402, which sustained Charlie Chaplin's objection on droit moral grounds to distribution of his silent film The Kid with added musical accompaniment.  The original, unadulterated silent version of The Kid, featuring child star Jackie Coogan, has been described as 'peerless.'  Richard Griffith et al., The Movies 223 (1981).  The court noted that by operation of international copyright treaties to which both France and the United States are signatories, American films enjoy the same treatment as French films under French law.  See also Judgment of Apr. 6, 7, 1949, Trib. civ. Seine, 1950 J.C.P. I, No. 5462, aff'd, Judgment of June 14, 1950, Cour d'appel, Paris, 1950 J.C.P. II, No. 5927, ruling that film distributor's unauthorized cuts in film violated the moral right of integrity belonging to both the director and the screenwriter.

FN[FN64]. Arne, supra note 2, at 39-40; Jane C. Ginsburg, Global Use/Territorial Rights: Private International Law Questions of the Global Information Infrastructure, 42 J. Copyright Soc'y 318, 329 (1995).  See Nimmer & Geller, supra note 56, s7[1][c][ii], at France 109.  'The Huston case thus reminds us that moral rights remain a wild card in international copyright commerce.'  Paul Edward Geller, French High Court Remands Huston Colorization Case, 39 J. Copyright Soc'y 252, 256 (1992) (discussing the May 28, 1991 decision of the Cour de Cassation, supra note 63).  See also Bernard Edelman, L'oeuvre Multimedia, Un Essai de Qualification, 1995 D.S. Jur. (Chronique) 109 (regarding multimedia's implications for traditional copyright law and droit moral); Christophe Caron, Droit Moral et Multimedia, 8 Legicom: Revue du Droit de la Communication d'Entreprise [hereinafter Legicom] 44, 46 (1995) ('It is most probable that the development of multimedia is going to increase the number of conflicts [with droit moral].').

FN[FN65]. Nouveau Code de Procedure Civile, arts. 683-88.  See Henri Batiffol & Paul Lagarde, Droit International Prive 534-38 (7th ed. 1983).  See Judgment of Feb. 1, 1989, Cour d'appel, Paris, 1990 D.S. Jur. 48 note E. Agostini, aff'd, Judgment of Oct. 23, 1990, Cass. civ. 1re, 1990 Bull. Civ. I 158, No. 222 (observing that in light of the John Huston case, supra note 63, there is no longer any question that a foreigner may sue another foreigner  in a French court to vindicate a right granted by French law).

FN[FN66]. See 1957 Act, supra note 43, art. 64 (IPC L.331-1); Roland Dumas, La Propriete Litteraire et Artistique 333 (1st ed. 1987).  A French court would have jurisdiction even if neither the plaintiff nor the defendant was a French national.  Batiffol & Lagarde, supra note 65, at 453-55; Paul Lerebours- Pigeonni'ere & Yvon Loussouarn, Droit International Prive 539-41 (9th ed. 1970).  See Judgment of Oct. 30, 1962, Cass. civ. 1re, 1963 D. Jur. 109; Judgment of June 21, 1948, Cass. civ., 1948 J.C.P. II, No. 4422.

FN[FN67]. For a discussion regarding enforceability of a French monetary judgment outside of France under the 1968 Brussels Convention, see supra note 37.  Moreover, even a judgment granting only injunctive relief could have grave economic consequences if it blocked Internet distribution of a multimedia project representing a substantial investment.

FN[FN68]. See Pariente v. Scott Meredith Literary Agency, Inc., 771 F. Supp. 609, 614-18 (S.D.N.Y. 1991) (enforcing French judgment holding U.S. literary agent liable for his client's misrepresentations, notwithstanding alleged conflict with American law); Milhoux v. Linder, 902 P.2d 856, 860 (Colo. Ct. App. 1995) ('the increasing internationalization of commerce  requires that United States courts recognize and respect the judgments entered by foreign courts to the greatest extent consistent with our own ideals of justice.').  Regarding due process requirements for enforcement of foreign judgments, see supra note 38.

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