Sentences with phrase «substantial similarity»

But there appear to be substantial similarities between the two data sets thereafter.

That said, there is substantial similarity across different types of schools and educational missions with regard to basic soft skills that benefit all students.

What substantial similarity is there between what you will create and what is already out there?

Pasillas simply can not rely on these standard elements to satisfy the intrinsic test of substantial similarity of expression

The objective test involves comparing the protectible constituent musical elements of «Blurred Lines» for substantial similarity with «Got to Give it Up.»

Northern Virginia criminal defense lawyer Fairfax County DWI attorney on substantial similarity of prior out - of - state convictions

There is not a legal quasi-statutory standard for measuring substantial similarity in music.

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.

So the case came down to whether Gaye's lawyers could prove substantial similarity of the two musical works.

It finds that approximately 10 percent of the variance in teachers» value - added estimates can be attributed to the interaction between teachers and individual students, indicating substantial similarity in teacher effects between groups.

In order to prove copyright infringement, two elements need to be demonstrated: The first is that the individual bringing the complaint is the owner of a valid copyright, which could be established by registration of the image with the U.S. Copyright Office; the second is either direct evidence of copying, which is usually not available, or substantial similarity as determined by an «ordinary observer» in a court of law.

Last August, the Brussels Court of Appeal rejected a plagiarism claim about US rapper Eminem's song «Cleanin» Out My Closet», Under Belgian law, plagiarism must be assessed on the basis of the perception of the disputed works by a general audience and claimants must demonstrate substantial similarities between the works.

Second, our Supreme Court should redefine what it means to holistically compare two works for substantial similarity analysis.

However, if you take too much of the particular expression of Leo's baton, that crosses into substantial similarity.

Various circuits have developed their own specific tests that juries should use to assess substantial similarity.

The law can be very nuanced in arguing lack of substantial similarity between other state's laws and Virginia's.

The judge instructed the jury that they should apply two tests to their determination of substantial similarity of the works: an objective and a subjective test.

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.

(ETFs are too new to have a similar body of historical research, but the substantial similarities between mutual funds and ETFs make contrary findings unlikely.)

Because Williams and Thicke had conceded access to Gaye's song, the court lowered the required showing of substantial similarity for proving infringement.

Oftentimes, the FDA simply approves a new device, prosthesis, or implant on the basis of its «substantial similarity» to an already existing device.

This murky copyright situation means that writing any new code in a somewhat overlapping area is a bit risky, since there is a high probability that any new code would have the level of substantial similarity that constitutes evidence of infringement.

What are the substantial similarities, if any, between your game and the original?

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).

the court concluded that the similarities between the toy dinosaurs — their postures, body designs, and cuddly softness — all derived from the idea of a stuffed toy dinosaur, and accordingly found no substantial similarity of expression

Substantial similarity can arise even when taking only a small percentage of the original, especially if you've taken the «heart» of the work.

no substantial similarity may be found under the intrinsic test where analytic dissection demonstrates that all similarities in expression arise from the use of common ideas

All US courts use «substantial similarity» as the test for this stage.

If you rewrite a chapter enough times, it may not pass the threshold of substantial similarity, but if C is infringing, you would be liable w.r.t. that work, and possible for D as well, even if E is sufficiently different.

4) An out - of - court experiment should be excluded if done outside the presence of the opposing party and there is not a substantial similarity between conditions existing at the time of the occurrence which gives rise to the litigation and those in existence at the time the experiment is conducted for demonstration purposes.

Robinson had the burden of proving that the defendants had access to his work and that there were substantial similarities between his creation and Robinson Sucroë.

Martin and Stephen, you make no comment on the substantial similarity of PIPEDA.

The court found that the Axanar works use copyright - protected Star Trek elements and had objective «substantial similarity» to the copyrighted Star Trek works and wanted a jury to ultimately decide whether there is «subjective» substantial similarity.

The Supreme Court also addressed from whose perspective the substantial similarity is to be assessed.

While it's no certainty, the proximity there to Galaxy S6 - series model numbers may suggest that we're looking at a handset with substantial similarities — whether in terms of silicon or design — to Samsung's flagship phones.