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Direct evidence of actual copying by a defendant rarely exists, so plaintiffs must often resort to indirectly proving copying. [1] [page needed] Typically, this is done by first showing that the defendant had access to the plaintiff's work and that the degree of similarity between the two works is so striking or substantial that the similarity could only have been caused by copying, and not ...
Castle Rock Entertainment is the copyright holder and producer of each episode of the sitcom Seinfeld. Beth Golub wrote SAT: The Seinfeld Aptitude Test a 132-page book containing 643 trivia questions and answers about the events and characters depicted in Seinfeld through her publisher, Carol Publishing Group. The book contained 211 multiple ...
The basic two-part test for copyright infringement under the 1976 Act, described by the US Supreme Court in Feist Publications, Inc., v. Rural Telephone Service Co., is (1) whether there is a valid copyright, and (2) whether there has
The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights ...
Perfect 10 believed the linking constituted secondary copyright infringement, and the caching and thumbnails constituted direct infringement. Beginning in May 2001, Perfect 10 sent notices to Google informing it of specific links to infringing images in its general Web search and requesting their removal.
A statement that you have identified material on a service that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act); A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant ...
A study was conducted to test the effectiveness of similarity detection software in a higher education setting. One part of the study assigned one group of students to write a paper. These students were first educated about plagiarism and informed that their work was to be run through a content similarity detection system.
Accordingly, copyright protection did not prevail. The holding in Warner Bros. case came to be known as the Sam Spade Test; this approach does not allow for copyright protection if the character is a “mere chessman in the game of storytelling.” On the other hand, if the character is central to the story, then it will be copyrightable.