Search results
Results from the WOW.Com Content Network
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.
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.
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
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 ...
Regardless, the filing continues with: "Because the allegations of its complaint plausibly satisfy both the intrinsic and extrinsic test, Spry Fox has plausibly alleged substantial similarity ...
Sony's motion for summary judgement had been granted by the district judge. Harney had argued on appeal that, like Mannion, the similarities and differences between the two images were complex enough to require that a jury be allowed to decide the substantial similarity question.
“Given the parallels, it’s likely the judge in Jay-Z’s case will make a similar determination, finding that the plaintiff’s concerns do not meet the high threshold required to proceed ...
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 ...