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The substantial similarity standard is used for all kinds of copyrighted subject matter: books, photographs, plays, music, software, etc. It may also cross media, as in Rogers v. Koons, where a sculptor was found to have infringed on a photograph. [1] [page needed] Substantial similarity is a question of fact that is decided by a jury.
The court agreed with district court's refusal to follow the Whelan logic because the test is "conceptually overbroad." [1] A program can have multiple functions and thus many ideas. As an alternate metric, the court presented a three-step test to determine substantial similarity, abstraction-filtration-comparison.
The Abstraction-Filtration-Comparison test (AFC) is a method of identifying substantial similarity for the purposes of applying copyright law. In particular, the AFC test is used to determine whether non-literal elements of a computer program have been copied by comparing the protectable elements of two programs.
While the New York courts now appear comfortable deciding substantial similarity as a matter of law in copyright cases, it awaits to be seen whether similar implied-in-fact contract claims will ...
The intrinsic test would decide whether an "ordinary reasonable person" would consider there were substantial similarities in expression. A jury is well fitted to determine this. McDonald's character Mayor McCheese (left) and Sid and Marty Krofft's character H.R. Pufnstuf both are fictional mayors that possess disproportionately large round heads.
The ordinary test for illegal copying (mask work infringement) is the "substantial similarity" test of copyright law, [9] but when the defense of reverse engineering is involved and supported by probative evidence (usually, the so-called paper trail of design and development work), the similarity must be greater. [10]
Brown Bag claimed that the district court did not properly perform legal analysis by using analytical dissection in the intrinsic test for the test of substantial similarity. [1] Although application of "analytical dissection and expert testimony is inappropriate for intrinsic tests," analytical and expert testimony is appropriate for extrinsic ...
Roth Greeting Cards v. United Card Co., 429 F.2d 1106 (9th Cir. 1970), was a Ninth Circuit case involving the copyright of greeting cards that introduced the "total concept and feel" standard for determining substantial similarity. Courts used this test in later cases such as Reyher v. Children's Television Workshop (1976). [1]