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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 AFC test was devised to handle that issue; it is a method for determining whether substantial similarity exists between two computer programs, especially in non-literal elements of the program. Abstraction-Filtration-Comparison
The court applied the Abstraction-Filtration-Comparison, three-step test to determine whether substantial similarity is met when proving copyright infringement for non-literal elements of software, and it held that Altai's rewritten code did not meet the requirements for copyright infringement, and vacated and remanded the ruling on trade ...
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 ...
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 ...
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.
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 ...
However, the key issue was the second step, where there were aspects that were by no means "fantastic"; particularly, the similarity between the works. Regarding the second step of the infringement analysis, determining substantial similarity is to be done from the view of the "ordinary lay hearer", although "the testimony of experts may be ...