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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.
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 ...
Other circuits had taken note of the issue, Kaplan observed. In 1978's Franklin Mint Corp. v. National Wildlife Art Exchange, a case involving a claim similar to Mannion ' s where a painting was alleged to be so similar to a prior work as to be infringing, Judge Joseph F. Weis Jr. of the Third Circuit had found it: [24]
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 ...
U.S. courts sees 'substantial similarity' between Triple Town, Yeti Town. Joe Osborne. Updated August 10, 2016 at 7:07 PM. Triple Town.
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]
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.
The substantial presence rule can be complex, and examples can help make it concrete. Let’s say you are a citizen and resident of a country other than the United States. Your profession is ...