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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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John Doe Order Issued Against “Taarak Mehta” Infringers: Revisiting the Rights Vested in Fictional Characters

SpicyIP

However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personality rights.

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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. In 2003, the defendants released the movie ‘Pirates of the Caribbean: Curse of the Black Pearl’. Copying’ is quintessential in determining infringement. Walt Disney Co.

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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

This, in a nutshell, is the conclusion that this Court reached in a recent decision ( Cassazione civile, Sez I, No 4038/2022 ) concerning the unauthorized reproduction of thousands (24,000) of paintings of a well-known Italian artist in the context of an archiving project aimed at producing a catalogue of records held by a foundation initially established (..)

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Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Technology & Marketing Law Blog

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. It’s sooooooo 2003. Irreparable Harm / Balance of Equities : The court confirms that no viable alternative data sources exist for hiQ.

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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.

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