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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.
In the United States, for example, copyright case law contains a substantial similarity requirement to determine whether the work was copied. Likewise, courts may require computer software to pass an Abstraction-Filtration-Comparison test (AFC Test) [ 69 ] [ 70 ] to determine if it is too abstract to qualify for protection, or too dissimilar to ...
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 ...
This second requirement can be met either by direct proof, or as is more usually done, by demonstrating the following: 1) the defendant had access to the copyright material and 2) there is substantial similarity between the copyrighted work and the defendant's work. [2]
The legal battle between Triple Town developer Spry Fox and Yeti Town creator 6waves has finally moved forward. After Spry Fox filed a copyright infringement suit against 6waves earlier this year ...
Selle v. Gibb, 741 F.2d 896 (7th Cir. 1984) was a landmark ruling on the doctrine of striking similarities.The U.S. Court of Appeals for the Seventh Circuit ruled that while copying must be proved by access and substantial similarity, where evidence of access does not exist, striking similarities may raise an inference of copying by showing that the work could not have been the result of ...
Where there is direct evidence or an admission, there will be no question about copying but without these giveaways, it can be very difficult to prove copying. If courts look at two works and find that there is substantial similarity between them and there is proof the alleged copier had access to the ‘original’ work, copying will be presumed.
Do’s and don’ts of buying a house from family Do. Be fully committed: “Make sure you’re 100 percent set on the property in question,” says Killinger. “Emotions can run high when it ...