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Substantial Similarity in Copyright Law

1st Edition
ISBN Number: 1-4024-0341-0
Number of Volumes: 1
Page Count: 540 pages
Detailed Table of Contents (.pdf)
Table of Authorities (.pdf)
Supplement Release Information (.pdf)

Overview

View Chapter 3 - Tests for Substantial Similarity

"In a complicated and confusing area, [Substantial Similarity in Copyright Law] is an eminently useful book. From the standpoint of a practitioner, there can be no higher praise.“

 —Engage: The Journal of the Federalist Society’s Practice Groups

“A very useful guide to any attorney venturing into copyright litigation for the first time … The authors bring considerable skills and experience to their task … All in all, Substantial Similarity in Copyright Law deserves a prominent place on the shelf of any copyright specialist.”

 —Texas Bar Journal


Substantial similarity is one of the most important and elusive concepts in copyright law. It is the key element that determines a central question in the field: What constitutes the wrongful copying of subject matter such as fiction, nonfiction, music, visual art, audiovisual works, and computer programs?

The first reference to fully discuss this pivotal subject, PLI’s Substantial Similarity in Copyright Law remains the clearest and most comprehensive reference to address it.

Covering the Copyright Act and key court decisions, Substantial Similarity in Copyright Law lucidly examines the principal substantial similarity tests used by the various circuit courts to assess whether the copying of specific subject matter is sufficient to support a conclusion of copyright infringement. Packed with illustrations from actual infringement cases, this wide-ranging reference enables you to see how this vital concept is practically applied in the particular jurisdiction in which you’re practicing, enhancing your ability to readily serve clients in copyright disputes.

Updated at least once a year, Substantial Similarity in Copyright Law is a practical, hard-working tool for copyright specialists and other intellectual property attorneys, an important guide for generalists who handle copyright cases, and useful reading for plaintiffs and defendants in copyright litigation.


Basic Upkeep Service:
In order to keep you abreast of the latest developments in your field, the purchase of PLI treatises includes Basic Upkeep Service, so that supplements, replacement pages and new editions may be shipped to you immediately upon publication for a 30-day examination. This service is cancelable at any time.

Authors & Contributors

Author(s)

Robert C Osterberg, Retired; former senior partner, Abelman Frayne & Schwab
Eric C Osterberg, Partner, Fox Rothschild LLP

Chapter Listing


 Preface
 The Meaning and Significance of Substantial Similarity
 Principles of Substantial Similarity
 Tests for Substantial Similarity
 Fictional Literary and Dramatic Works
 Characters
 Nonfiction
 Audiovisual Works
 Computer Programs
 Musical Works and Sound Recordings
 Works of Visual Art
 Architectural Works
 Choreography
 Compilations and Collective Works
 Works in Different Media and Different Formats
 Derivative Works
 Useful Articles
 Selected Trial Issues
 Appellate Review
 Appendix A Illustrations from Reported Decisions
 Appendix B Jury Instructions
 Table of Cases
 Defendant-Plaintiff Table
 Index to Substantial Similarity in Copyright Law