Data-based case law applied to EU copyright (1998-2018): a quantitative assessment
Data-based case law applied to EU copyright (1998-2018): a quantitative assessment
This contribution proposes a novel approach, which combines traditional legal analysis with the use of a quantitative method, to analyze the standards employed in case law in a given area. The goal of our Data-Based Case Law (DBCL) is determining the meaning of relations between standards (considered in couples) and appreciating the statistical significance of the resulting relations. We submit that this combined approach may be employed in any area of the law where there is a substantial body of judicial decisions.
We demonstrate the functioning of our DBCL in relation to copyright law in the European Union (EU). Copyright has been subject to a limited harmonization of the laws of individual EU Member States. Compared to other areas of intervention at the EU level, copyright harmonization is both a relatively recent phenomenon and has not been as complete as with other intellectual property rights. Yet, the large number of references to the Court of Justice of the European Union (CJEU) has substantially shaped the EU copyright framework and, with it, also the copyright framework of individual EU Member States.
copyright, DBCL, standards, CJEU
Rosati, Eleonora
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Rosati, Carlo Maria
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Rosati, Eleonora
bd04e7f8-e14b-4e43-975e-77bc5abaa8a4
Rosati, Carlo Maria
6a706a8c-4dc2-4aee-804d-9a57f3512206
Rosati, Eleonora and Rosati, Carlo Maria
(2019)
Data-based case law applied to EU copyright (1998-2018): a quantitative assessment.
Intellectual Property Quarterly.
Abstract
This contribution proposes a novel approach, which combines traditional legal analysis with the use of a quantitative method, to analyze the standards employed in case law in a given area. The goal of our Data-Based Case Law (DBCL) is determining the meaning of relations between standards (considered in couples) and appreciating the statistical significance of the resulting relations. We submit that this combined approach may be employed in any area of the law where there is a substantial body of judicial decisions.
We demonstrate the functioning of our DBCL in relation to copyright law in the European Union (EU). Copyright has been subject to a limited harmonization of the laws of individual EU Member States. Compared to other areas of intervention at the EU level, copyright harmonization is both a relatively recent phenomenon and has not been as complete as with other intellectual property rights. Yet, the large number of references to the Court of Justice of the European Union (CJEU) has substantially shaped the EU copyright framework and, with it, also the copyright framework of individual EU Member States.
Text
finale_Data-based case law applied to EU copyright_a quantitative assessment (2)
- Accepted Manuscript
More information
Accepted/In Press date: 25 April 2019
e-pub ahead of print date: 14 June 2019
Additional Information:
This is a pre-copyedited, author-produced version of an article accepted for publication in Intellectual Property Quarterly following peer review.
Keywords:
copyright, DBCL, standards, CJEU
Identifiers
Local EPrints ID: 431742
URI: http://eprints.soton.ac.uk/id/eprint/431742
ISSN: 1364-906X
PURE UUID: 4f4930a2-3068-46d4-a35c-1bd090175b17
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Date deposited: 14 Jun 2019 16:30
Last modified: 16 Mar 2024 07:55
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Contributors
Author:
Eleonora Rosati
Author:
Carlo Maria Rosati
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