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The landmark case for deciding on infringement cases in India is R.G. Anand, which laid out the following test: if "the viewer after having read or seen both the works is clearly of the opinion and gets an unmistakable impression that the subsequent work appears to be a copy of the original" then the copyright has been infringed.
Accordingly, copyright protection did not prevail. The holding in Warner Bros. case came to be known as the Sam Spade Test; this approach does not allow for copyright protection if the character is a “mere chessman in the game of storytelling.” On the other hand, if the character is central to the story, then it will be copyrightable.
An attorney representing Felix Lengyel, known as "xQc" on Twitch, told Insider the IOC lodged a copyright claim against him for showing Tokyo clips.
This has led to a large amount of copyright infringement through unlawful redistribution, commonly referred to as "piracy". Piracy websites, typically running outside of United States jurisdiction, are created to share copyrighted films and television shows for free without consent of the copyright owners.
Twitch dubbed over Metallica's BlizzCon 2021 performance to avoid a copyright claim — to hilarious (and sad) effect.
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The test for the threshold of originality is in the European Union whether the work is the author's own intellectual creation. This threshold for originality was harmonised within the European Union in 2009 by the European Court of Justice in Infopaq International A/S v Danske Dagblades Forening case.
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