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
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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FAQ
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.
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.
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.
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.
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.
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 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.
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.