Difference between revisions of "Cotropia and Gibson (2014)"
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|Full Citation=Cotropia, C. A., & Gibson, J. (2014). Copyright's Topography: An Empirical Study of Copyright Litigation. Texas Law Review, 92(7). | |Full Citation=Cotropia, C. A., & Gibson, J. (2014). Copyright's Topography: An Empirical Study of Copyright Litigation. Texas Law Review, 92(7). | ||
|Abstract=One of the most important ways to measure the impact of copyright law is through empirical examination of actual copyright infringement cases. Yet scholars have universally overlooked this rich source of data. This study fills that gap through a comprehensive empirical analysis of copyright infringement litigation, examining the pleadings, motions, and dockets from more than nine hundred copyright lawsuits filed from 2005 through 2008. The data we collect allow us to examine a wide variety of copyright issues, such as the rate of settlements versus judgments; the incidence of litigation between major media companies, small firms, and individuals; the kinds of industries and works involved in litigation; the nature of the alleged infringement; the success rates of particular parties and claims; and the nature of remedies sought and awarded. We also analyze the data to identify ways in which copyright litigation differs from other civil suits and to show that certain plaintiff characteristics are more predictive of success. | |Abstract=One of the most important ways to measure the impact of copyright law is through empirical examination of actual copyright infringement cases. Yet scholars have universally overlooked this rich source of data. This study fills that gap through a comprehensive empirical analysis of copyright infringement litigation, examining the pleadings, motions, and dockets from more than nine hundred copyright lawsuits filed from 2005 through 2008. The data we collect allow us to examine a wide variety of copyright issues, such as the rate of settlements versus judgments; the incidence of litigation between major media companies, small firms, and individuals; the kinds of industries and works involved in litigation; the nature of the alleged infringement; the success rates of particular parties and claims; and the nature of remedies sought and awarded. We also analyze the data to identify ways in which copyright litigation differs from other civil suits and to show that certain plaintiff characteristics are more predictive of success. | ||
− | |Link= | + | |Authentic Link=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2400846 |
+ | |Link=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2400846 | ||
|Reference=Beebe (2008); Netanel (2011); Sag (2012); Oliar and Matich (2013); | |Reference=Beebe (2008); Netanel (2011); Sag (2012); Oliar and Matich (2013); | ||
|Plain Text Proposition=- Geography does matter - Central District of California and Southern District of New York are 'hot spots' for copyright cases | |Plain Text Proposition=- Geography does matter - Central District of California and Southern District of New York are 'hot spots' for copyright cases | ||
- Copyright cases are no more likely to be contentious than other civil litigation, but they can become very contentious | - Copyright cases are no more likely to be contentious than other civil litigation, but they can become very contentious | ||
- SMEs and 'low IP' industries are prominent and successful litigants | - SMEs and 'low IP' industries are prominent and successful litigants | ||
− | |EvidenceBasedPolicy=F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness) | + | |FundamentalIssue=1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare, 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption), |
+ | |EvidenceBasedPolicy=F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness), E. Fair remuneration (levies; copyright contracts), | ||
+ | |Discipline=K41: Litigation Process, K42: Illegal Behavior and the Enforcement of Law, L82: Entertainment • Media, O34: Intellectual Property and Intellectual Capital | ||
|Intervention-Response=Provides broad outline of copyright litigation with a view to opening up data for exploration of specific issues | |Intervention-Response=Provides broad outline of copyright litigation with a view to opening up data for exploration of specific issues | ||
+ | |Description of Data=900 copyright lawsuits | ||
+ | |Data Year=2005 to 2008 | ||
+ | |Data Type=Primary data | ||
+ | |Method of Collection=Qualitative content/text mining | ||
+ | |Method of Analysis=Quantitative content analysis (e.g. text or data mining), Legal Analysis | ||
+ | |Industry=Software publishing (including video games); Film and motion pictures; Creative, arts and entertainment; | ||
+ | |Country=United States; | ||
|Cross-country=No | |Cross-country=No | ||
|Comparative=No | |Comparative=No | ||
+ | |Government or policy=No | ||
+ | |Literature review=No | ||
|Method=Data set analysis for district court dockets/complaints filed | |Method=Data set analysis for district court dockets/complaints filed | ||
|Data=www.copyrightlawdata.com | |Data=www.copyrightlawdata.com |
Revision as of 13:52, 20 October 2016
Contents
Source Details
Cotropia and Gobson (2014) | |
Title: | Copyright's Topography: An Empirical Study of Copyright Litigation |
Author(s): | Cotropia, C. A., Gibson, J. |
Year: | 2014 |
Citation: | Cotropia, C. A., & Gibson, J. (2014). Copyright's Topography: An Empirical Study of Copyright Litigation. Texas Law Review, 92(7). |
Link(s): | Definitive , Open Access |
Key Related Studies: | |
Discipline: | |
Linked by: | Bar-Ziv and Elkin-Koren (2018), Beebe (2008), Mandel (2014) |
About the Data | |
Data Description: | 900 copyright lawsuits |
Data Type: | Primary data |
Secondary Data Sources: | |
Data Collection Methods: | |
Data Analysis Methods: | |
Industry(ies): | |
Country(ies): | |
Cross Country Study?: | No |
Comparative Study?: | No |
Literature review?: | No |
Government or policy study?: | No |
Time Period(s) of Collection: |
|
Funder(s): |
Abstract
One of the most important ways to measure the impact of copyright law is through empirical examination of actual copyright infringement cases. Yet scholars have universally overlooked this rich source of data. This study fills that gap through a comprehensive empirical analysis of copyright infringement litigation, examining the pleadings, motions, and dockets from more than nine hundred copyright lawsuits filed from 2005 through 2008. The data we collect allow us to examine a wide variety of copyright issues, such as the rate of settlements versus judgments; the incidence of litigation between major media companies, small firms, and individuals; the kinds of industries and works involved in litigation; the nature of the alleged infringement; the success rates of particular parties and claims; and the nature of remedies sought and awarded. We also analyze the data to identify ways in which copyright litigation differs from other civil suits and to show that certain plaintiff characteristics are more predictive of success.
Main Results of the Study
- Geography does matter - Central District of California and Southern District of New York are 'hot spots' for copyright cases - Copyright cases are no more likely to be contentious than other civil litigation, but they can become very contentious - SMEs and 'low IP' industries are prominent and successful litigants
Policy Implications as Stated By Author
Provides broad outline of copyright litigation with a view to opening up data for exploration of specific issues