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Showing Posts tagged with "substantial similarity"

Ink, Icons & Involuntary Servitude: the Kat Von D Tattoo Case

13th amendment copyright fair use substantial similarity infringement copyright unlawful appropriation
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bodily autonomy copyrights extrinsic/intrinsic test +2 more

Can a person “own” the art on someone else’s skin? That was the high-stakes question at the heart of the recent Ninth Circuit Court of Appeals decision in Sedlik v. von Drachenberg. In a case that...

Understanding the Elements of a Copyright Infringement Claim

copying copyright infringement copyright selection and arragement substantial similarity unlawful appropriation
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access copying copyrightinfringement +4 more

Copyright cases require plaintiffs to prove specific elements to establish a valid claim. Understanding these requirements is necessary for both copyright holders seeking to protect their work and...

Understanding the Selection-and-Arrangement Theory in Copyright Law

copyright selection and arragement substantial similarity thin-copyright-protection
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copyrights infringement music law +2 more

Introduction In copyright infringement cases, courts must determine whether one work impermissibly copies another’s protected expression. While the widely used “extrinsic test” focuses on comparing...

Note on the Useful Articles Doctrine in Copyright

copyright functionality originality substantial similarity useful articles utility
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copyright creativity substantial similarity +1 more

Copyright law broadly protects creative works and the human endeavors required to create an original work of authorship. However, creativity should not be confused with utility. A dictionary...