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17.17 Copying-Access and Substantial Similarity

17.17 Copying-Access and Substantial Similarity

Name: 17.17 Copying-Access and Substantial Similarity
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Category:

Federal - Jury Instructions - 9th Circuit - Civil

State:

Multi-State

Control #:

US-JURY-9THCIR-17-17

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 17.17 Copying-Access and Substantial Similarity is a copyright infringement doctrine that provides a two-pronged test to determine whether an alleged infringed has violated the copyright of another. The two prongs of the test are (1) copying-access and (2) substantial similarity. The copying-access prong requires that the alleged infringed had access to the copyrighted work and that the alleged infringed copied from that work. The substantial similarity prong requires that the alleged infringed's work is substantially similar to the protected elements of the copyrighted work. If both prongs are met, the alleged infringed has likely violated the copyright of the original author.

17.17 Copying-Access and Substantial Similarity is a copyright infringement doctrine that provides a two-pronged test to determine whether an alleged infringed has violated the copyright of another. The two prongs of the test are (1) copying-access and (2) substantial similarity. The copying-access prong requires that the alleged infringed had access to the copyrighted work and that the alleged infringed copied from that work. The substantial similarity prong requires that the alleged infringed's work is substantially similar to the protected elements of the copyrighted work. If both prongs are met, the alleged infringed has likely violated the copyright of the original author.

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FAQ

Substantial similarity is not a defense at all but rather a test that courts use to determine whether or not an alleged new work actually copies another copyrighted work that was created first.

Substantial similarity refers to how much one thing looks or sounds like another thing that is protected by a trademark or copyright. If something is too similar to a protected work, it may be considered infringement.

The substantial similarity test is copyright law's dominant means by which courts determine whether a party has infringed another party's copyright rights. Despite this, we have very little empirical evidence about what the test is and how courts apply it.

Substantial copying simply refers to more than just copying. The term substantial copy is often used in the context of Intellectual property. Substantial copy is a copy of a full, important, significant, or considerable amount of any work.

To prove copyright infringement, the plaintiff must show (1) that the defendant had access to the plaintiff's work and (2) that the defendant's work is substantially similar to protected aspects of the plaintiff's work.

Copyright law's requirement of substantial similarity requires a court to satisfy itself that a defendant's copying, even when shown to exist as a factual matter, is quantitatively and qualitatively enough to render it actionable as infringement.

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States that the plaintiff has the burden of proving that the defendant copied original elements from the plaintiff's copyrighted work. Proof of access requires "an opportunity to view or to copy plaintiff's work.Infringement—Originality), and 17. 17 (Copying—Access and Substantial Similarity). Substantial similarity, in US copyright law, is the standard used to determine whether a defendant has infringed the reproduction right of a copyright. To establish copying, a plaintiff must show (1) access, and (2) substantial similarity between the works "when. When determining whether or not someone has committed copyright infringement, the courts use a test known as substantial similarity. Larity of expression, not to facts or ideas.

17.17 Copying-Access and Substantial Similarity

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