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Ninth Circuit Refuses to Adopt “Ordinary Observer” Test for Substantial Similarity and Copyright Infringement

The IP Law Blog

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead. In Johannsongs-Publishing, Ltd.

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Ninth Circuit Refuses to Adopt “Ordinary Observer” Test for Substantial Similarity and Copyright Infringement

LexBlog IP

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead.

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Alfred v. Walt Disney Company: Decoding the concept of Substantial Similarity with respect to the Pirates of the Caribbean lawsuit

IP and Legal Filings

Introduction In order to determine copyright infringement , the ‘substantial similarity test’ has routinely been employed by the US Courts. If any other person makes an unauthorized copy of that work, the owner shall have a right of action against him. The defendants were provided with a copy of the screenplay.

Copying 70
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Copyright Goes Bananas: District Court Rejects Maurizio Cattelan’s Motion to Dismiss Copyright Claim Against His Taped Banana

LexBlog IP

Cattelan moved to dismiss Morford’s infringement and plagiarism claims on three grounds: [7]. Morford cannot claim ownership over a natural element (a fruit) and a functional component (duct tape). 13] He argued that those elements were original and thus protectable and, in this case, infringed by Cattelan’s Comedian.

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IP infringement in Metaverse

IIPRD

It identifies the product of that company and recognizes its own and gives some rights to ownership that can be enforced. Liden Research filed an appeal in which the court terminated the account of Minskey on the ground of trademark infringement. Copyright Infringement. Later it was settled.

IP 52
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Italian Supreme Court says that the quotation exception in copyright law only applies to partial reproductions of works, never to works in their entirety

The IPKat

Comment Read in combination with Article 5(5), Article 5(3)(d) of the InfoSoc Directive, from which Article 70 of the Italian Copyright Act is derived in its current wording, permits quotations for purposes such as (but not limited to) criticism or review insofar as a number of cumulative conditions are satisfied.

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New Tools, Old Rules: Is The Music Industry Ready To Take On AI?

Copyright Lately

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. No wonder I’m getting flashbacks to 2003.

Music 84