About: Substantial similarity   Sponge Permalink

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The test of substantial similarity (or "probative similarity") is whether, considering the two works as a whole, including both the copyrightable elements and the uncopyrightable ones (such as basic ideas or public domain expressions that are not eligible for copyright), a reasonable person would conclude that the defendant had actually copied the work from the original.

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  • Substantial similarity
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  • The test of substantial similarity (or "probative similarity") is whether, considering the two works as a whole, including both the copyrightable elements and the uncopyrightable ones (such as basic ideas or public domain expressions that are not eligible for copyright), a reasonable person would conclude that the defendant had actually copied the work from the original.
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  • The test of substantial similarity (or "probative similarity") is whether, considering the two works as a whole, including both the copyrightable elements and the uncopyrightable ones (such as basic ideas or public domain expressions that are not eligible for copyright), a reasonable person would conclude that the defendant had actually copied the work from the original.
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