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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 ...
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]
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 totality method, also known as the "total concept and feel" approach, takes the work as a whole with all elements included when determining if a substantial similarity exists. This was first formulated in Roth Greeting Cards v. United Card Co. (1970). [82]
U.S. courts sees 'substantial similarity' between Triple Town, Yeti Town. Joe Osborne. Updated August 10, 2016 at 7:07 PM. Triple Town.
Any of these non-protected elements are thrown out and the remaining elements are compared with the allegedly infringing program's elements to determine substantial similarity. Given the rapidly developing nature of technology, the court recommended a modification of the three-step test where appropriate.
Selle v. Gibb, 741 F. 2d 896 (7th Cir. 1984): Substantial similarity is not enough to prove copyright infringement in the absence of proof of access. American Booksellers Ass'n, Inc. v. Hudnut, 771 F.2d 323 (7th Cir. 1985): Challenged the constitutionality of the Antipornography Civil Rights Ordinance. United States v.