Locating ‘country of origin’ in a borderless world: assessing Article 5(3) of the Berne Convention in the context of global platforms and social media

Abstract The paper assesses Article 5(3) of the Berne Convention in an era of digital networks, social media, and globally operating platforms. Of primary focus is the significance and meaning of a ‘country of origin’ provision in these contexts, where cross-border communication and the removal of territorial limitations are defining features. Resolving this tension seems critical if the Berne Convention is to maintain its relevance today, and into the future, where digital spaces seem only to be strengthening in scope and universality. This paper evaluates these challenges and proposes a novel interpretation of Article 5(3), fitting for the developing digital environment.