"The court emphasized that similarity alone is not enough to establish copyright infringement, as it must be accompanied by substantial similarity of protectable expression."
"The Second Circuit's 'more discerning ordinary observer' test requires courts to filter out unprotectable elements before determining if the remaining expression is substantially similar."
A recent ruling from the Southern District of New York analyzed substantial similarity in young adult fantasy literature. The case involved an unpublished author claiming her work was copied by a successful author. The court granted summary judgment for the defendants, stating no reasonable jury could find substantial similarity of protectable expression. The ruling highlighted the need to filter out unprotectable elements before comparing works, emphasizing that mere thematic similarities do not constitute copyright infringement.
Read at The IP Law Blog
Unable to calculate read time
Collection
[
|
...
]