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Porter: (a) whether copying occurred (as opposed to independent creation), and (b) whether the copying amounts to an "improper appropriation", meaning that enough of the author's protected expression (and not unprotected ideas) was copied to give rise to a "substantial similarity" between the original work and the putative copy.
This is an abridged version of Teddi Fishman's definition of plagiarism, which proposed five elements characteristic of plagiarism. [57] According to Fishman, plagiarism occurs when someone: Uses words, ideas, or work products; Attributable to another identifiable person or source; Without attributing the work to the source from which it was ...
It is usually possible to find the exact version in article history from which a mirror copy was made. Conversely, if the text in question was added in one large edit, and the text closely matches the external source, this is an indication of direct copying. When in doubt, double check search engine results with an experienced Wikipedian.
Commonly, this involves someone creating or distributing a "copy" of a protected work that is "substantially similar" to the original version. Infringements requires copying. If two people happen to write exactly the same story, without knowledge of the other, there is no infringement.
Are the rules about copying different in brief writing than elsewhere? To some extent, yes. But litigators should not mistake that for a license to copy freely. The accepted practices may be ...
In the case of the ebook example, the ruling observed that the user may have to type a quote from the ebook rather than copy and paste from the unprotected version. [47] 321 Studios v. Metro Goldwyn Mayer Studios, Inc. – 321 Studios made copies that allowed users to copy DVDs, including those with CSS copy protection, to another DVD or to a ...
Substantial similarity is the term used by all courts to describe, once copying has been established, the threshold where that copying wrongfully appropriates the plaintiff's protected expression. It is found when similarity between the copyrightable elements of two works rises above the de minimis exception, reaching a threshold that is ...
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