COPYCENSE

I am preparing an article on fair use for Online magazine, and part of the article deals with the costs of litigation. Despite the music and movie industries’ widespread litigation campaign against alleged infringers, I have found surprisingly little information online that analyzes the costs of copyright litigation.

(I posed this question to Fred von Lohmann at the Electronic Frontier Foundation quite a while ago, and at the time he was unaware that any data had been collected on this topic.)

I did run across this interesting analysis published in the Legal Theory Blog in 2003 (about the same time I posed my question to Fred). In it, Lawrence Solum, a law professor at the University of San Diego, looks at litigation costs from the perspective of copyright owner and alleged infringer. The analysis is a tad too theoretical for my purposes, but it is a good analysis nevertheless.

Legal Theory Blog. Copynorms & Litigation Costs. July 10, 2003.