Thursday, December 17, 2015
Matthew Sag, Loyola University (Chicago) School of Law, is publishing Empirical Studies of Copyright Litigation in 2 Research Handbook on the Economics of Intellectual Property Law (Peter S. Menell and David L. Schwartz, eds.; Edward Elgar Publishing, 2016). Here is the abstract.
This essay summarizes the current state-of-the-art in the application of observational empirical tools to the study of copyright litigation. As a field, Empirical Legal Studies (or ELS) is relatively young, and the subfield of ELS applied to copyright litigation is in its infancy. Broadly speaking, the existing empirical studies of copyright litigation can be classified into three subcategories: studies of judicial behavior; studies of the day to day life of copyright litigation from the time cases are filed to their ultimate disposition; and studies of particular aspects of copyright doctrine. The essay reviews the existing literature and concludes with guidelines for researchers planning to undertake an empirical study of copyright litigation that represent current ‘best practices’. Note: Draft in preparation for Peter S. Menell & David L. Schwartz (eds.), Research Handbook on the Economics of Intellectual Property Law (Vol. II -- Analytical Methods) (Edward Elgar Publishing, forthcoming 2016
Download the essay from SSRN at the link.