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The court found no proof of copying, and decided the similarities were due to the fact that the books had similar nature and both writers had access to the same sources. [17] The case may have been lost in part due to bias against Deeks as a woman. [16] Deeks' lack of influential connections may also have been a factor. [18]
The case was tried before Justice Raney of the High Court division of the Supreme Court of Ontario, sitting without a jury. Deeks did not have any direct evidence that Macmillan in Toronto had sent the manuscript to Britain, or that Wells had access to it.
Selle v. Gibb, 741 F.2d 896 (7th Cir. 1984) was a landmark ruling on the doctrine of striking similarities.The U.S. Court of Appeals for the Seventh Circuit ruled that while copying must be proved by access and substantial similarity, where evidence of access does not exist, striking similarities may raise an inference of copying by showing that the work could not have been the result of ...
Taking into account paraphrasing, the court noted that often more than ten lines of one letter had been copied in this way, and that about 40% of the book's pages included material from the letters. [ 6 ] The court noted the fair use standard takes into account quality as well as quantity.
A judge in Brazil has ordered Adele’s song Million Years Ago to be removed globally from streaming services due to a plagiarism claim by Brazilian composer, Toninho Geraes. Geraes alleges that ...
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