Copyright litigation demands a high level of expertise -- the aff generates circuit splits and forum shopping
Landau et al. ’21 [Michael, J.D. and B.A at University of Pennsylvania Law School, Professor of Law Emeritus at Georgia State Law an internationally recognized authority on intellectual property and entertainment law issues; Donald E. Biederman J.D Harvard Law School, Professor of Entertainment and Media Law at Southwestern, “The Case for a Specialized Copyright Court: Eliminating the Jurisdictional Advantage https://repository.uclawsf.edu/cgi/viewcontent.cgi?article=1527&context=hastings_comm_ent_law_journal]
As shown above, the lack of experience and familiarity with copyright issues on the part of federal district court judges coupled with the unpredictability and biases of juries 92 leads to frustrating and contradictory results at the district court level. Specialized copyright courts, similar to bankruptcy and tax courts, would certainly help to alleviate the problem. However, problems of inconsistency are not limited to the district courts. Although "federal statutes are generally intended to have uniform nationwide application,"93 the federal circuit courts of appeals are inconsistent when it comes to interpreting the Copyright Act of 1976. 9 " There is, or has been, disagreement regarding almost every possible doctrine covered under federal copyright law from threshold issues of originality and ownership to infringement and damages. Some of these intercircuit disagreements have been resolved by the Supreme Court.9 5 Others have been resolved by Congress.96 Many of the differences- often polar disagreements- still remain unresolved and will inevitably lead to forum shopping. The outcome of a case should not depend upon the jurisdiction in which the suit is initiated; it should be a function of the law. It should be noted that even in those cases that have been resolved by either the Supreme Court or Congress, there was still a period of uncertainty- often a substantial period- and potential harm from forum shopping prior to the final resolution, in addition to the expenditure of untold thousands in legal fees. The existence of a single specialized copyright appellate forum would have brought about earlier closure to many of these issues, and would have expedited the formation of a uniform body of copyright law upon which all parties could rely. The following are examples of some of the extreme intercircuit disagreements among the federal appellate courts regarding copyright.