Second, our Supreme Court should redefine what it means to holistically compare two works
for substantial similarity analysis.
Not exact matches
A number of high priority targets with strong potential
for discovery were identified, including at least 30 known gossan outcrops with
similarities to the original gossans above the known lodes at Bawdwin and at least 30 shallow historical mine adits outside the known mine area, with several containing
substantial base metal sulphide intersections.
Musicologists testifying
for the Gaye family identified eight «
substantial similarities» in the songs, including similar catchy phrases or hooks, similar rhythms and melodic patterns and substantially similar percussion choices.
When Teachers See
Similarities with Students, Relationships and Grades Improve The Conversation, 5/27/15 «Even when the similarities are surprisingly trivial — like having a birthday in common with someone else or having a preference for paintings by Klee versus Kandinsky - the consequences on relationships are typically substan
Similarities with Students, Relationships and Grades Improve The Conversation, 5/27/15 «Even when the
similarities are surprisingly trivial — like having a birthday in common with someone else or having a preference for paintings by Klee versus Kandinsky - the consequences on relationships are typically substan
similarities are surprisingly trivial — like having a birthday in common with someone else or having a preference
for paintings by Klee versus Kandinsky - the consequences on relationships are typically
substantial.»
In the end, while the authors of this chapter do not disclose the actual correlations between their two measures and value - added, specifically (although from the appendix one can infer that the correlation between value - added and Tripod output is around r = 0.45 as based on an unadjusted r - squared), and I should mention this is a HUGE shortcoming of this chapter (one that would not have passed peer review should this chapter have been submitted to a journal
for publication), the authors do mention that «the conceptual overlap between the frameworks is
substantial and that empirical patterns in the data show
similarities.»
There are numerous explanations
for all these
similarities, but none as
substantial as the one offered by Mike Shields of noted Subaru tuner SPD Tuning Service.
If, on the other hand, the range of expression
for the work is wide, then the work is entitled to «broad» copyright protection, meaning that infringement can be proved by showing
substantial similarity.
Because Williams and Thicke had conceded access to Gaye's song, the court lowered the required showing of
substantial similarity for proving infringement.
First, there must be sufficient objective
similarity between the infringing work and the copyright work or a
substantial part thereof
for the former to be properly described not necessarily identical with, but as a reproduction or adaptation of the latter.
That selection and arrangement would probably be considered a
substantial similarity and, if not
for the merger doctrine, infringement.
Courts often view the «
substantial similarity» question as so clear or one - sided that there is no need
for a jury to decide the issue (
for our lawyer - readers: i.e., summary judgment).
All US courts use «
substantial similarity» as the test
for this stage.