Cotropia and Gibson (2014)
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: |
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Funder(s): |
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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
Coverage of Study
Datasets
Sample size: | 900 |
Level of aggregation: | Copyright Law Suits |
Period of material under study: | 2005 to 2008 |