Data-Based Case Law Applied to EU Copyright (1998-2018): A Quantitative Assessment

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.