Copyright Litigation: Analyzing Substantial Similarity | Practical Law

Copyright Litigation: Analyzing Substantial Similarity | Practical Law

A Practice Note discussing the significance of similarities and dissimilarities between works in copyright litigation. This Note explains how courts compare works for purposes of evaluating copyright infringement claims. Topics discussed include the elements of copyright infringement, actual copying, substantial similarity (infringing copying), analyzing substantial similarity for specific categories of works, evidentiary considerations, and practical considerations for counseling on and litigating substantial similarity.

Copyright Litigation: Analyzing Substantial Similarity

Practical Law Practice Note 5-524-1501 (Approx. 30 pages)

Copyright Litigation: Analyzing Substantial Similarity

by Eric Osterberg, Osterberg LLC, with Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Practice Note discussing the significance of similarities and dissimilarities between works in copyright litigation. This Note explains how courts compare works for purposes of evaluating copyright infringement claims. Topics discussed include the elements of copyright infringement, actual copying, substantial similarity (infringing copying), analyzing substantial similarity for specific categories of works, evidentiary considerations, and practical considerations for counseling on and litigating substantial similarity.