Analysis of Inhibiting Factors in the Filing of Civil Lawsuits by Copyright Holders

Abstrak

This study aims to identify and analyze factors causing the low number of civil lawsuits filed by copyright holders in response to copyright infringement. Employing a qualitative approach through normative legal research, this study examines legal norms, legal principles, and doctrines related to civil procedure in copyright disputes. The findings reveal that the low rate of civil litigation results from normative factors, including the burden of proof and uncertainty in determining damages; structural factors, such as fragmented institutional authority and the absence of innovative litigation funding mechanisms; technical factors, specifically challenges in digital evidence and jurisdiction; and psychological factors, including perceptions of justice and reputational risks. These interconnected factors form a system of barriers that discourage copyright holders from pursuing civil litigation. This study contributes to legal scholarship by offering a comprehensive analysis of barriers within civil procedure and provides policy recommendations for procedural reforms that accommodate the unique characteristics of copyright disputes, including simplified evidentiary rules, enhanced expert roles, and innovative litigation funding schemes.