Taming the 'Frankenstein Monster': Copyright Claim Compatibility with the Class Action Mechanism

Abstract

This paper considers the applicability of the class action mechanism to copyright infringement claims, which has come recently come into question. It considers recent U.S. Supreme Court jurisprudence surrounding class certification to demonstrate where the intricacies of copyright law and class action litigation may diverge. By looking to past copyright class action litigation and recent developments in the Google Books litigation, the paper argues that there is no necessary bar to class-wide adjudication of copyright claims and concludes with suggestions for how litigants can structure their copyright claims and putative classes in order to bring successful class-wide copyright claims.