The Case for a Specialized Copyright Court: Eliminating the Jurisdictional Advantage

Many of those who specialize in copyright law have become increasingly dismayed by the degree to which the outcome of copyright cases depends upon the venue in which an action is brought. Beyond this, copyright is a highly specialized and technical body of law, and some of its aspects seem to us to be the sort that would be best handled by specialized judges. This article discusses the history of existing specialized courts, and examples that demonstrate that the current system of copyright adjudication works poorly. The authors then recommend the creation of a national copyright court that follows the model of the Court of Appeals for the Federal Circuit as the vehicle through which uniformity of treatment could be achieved.