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The substantial similarity standard is used for all kinds of copyrighted subject matter: books, photographs, plays, music, software, etc. It may also cross media, as in Rogers v. Koons, where a sculptor was found to have infringed on a photograph. [1] [page needed] Substantial similarity is a question of fact that is decided by a jury.
The Federal Analogue Act, 21 U.S.C. § 813, is a section of the United States Controlled Substances Act passed in 1986 which allows any chemical "substantially similar" to a controlled substance listed in Schedule I or II to be treated as if it were listed in Schedule I, but only if intended for human consumption.
Determining whether a work is substantially similar is a complicated endeavor. To do so, courts have used the "ordinary observer" or "overall look and feel" test, under which two works will be substantially similar if a "reasonable, ordinary observer, upon examination of the two works, would 'conclude that the defendant unlawfully appropriated ...
In such cases, it is the substantially similar provincial law that will apply instead of PIPEDA, although PIPEDA continues to apply to federal works, undertakings or businesses and to interprovincial or international transfers of personal information.
Once a rule is thus repealed, the CRA also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule" (5 U.S. Code § 801(b)(2)).
The discrepancy is even more pronounced in similar ETFs issued by REX Shares and Tuttle Capital Management. The number of shares outstanding in the T-Rex 2x Inverse Nvidia Daily ETF has increased ...
The derivative work becomes a second, separate work independent from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative ...
Editor’s note: CNN Films brings the premiere of “Super/Man: The Christopher Reeve Story” to CNN at 8 p.m. ET/PT Sunday. Dana Reeve was devoted to caring for her husband, Christopher Reeve ...