Substantial Similarity
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Substantial Similarity
Substantial similarity, in US copyright law, is the standard used to determine whether a defendant has infringed the reproduction right of a copyright. The standard arises out of the recognition that the exclusive right to make copies of a work would be meaningless if copyright infringement were limited to making only exact and complete reproductions of a work. Many courts also use "substantial similarity" in place of "probative" or "striking similarity" to describe the level of similarity necessary to prove that copying has occurred. A number of tests have been devised by courts to determine substantial similarity. They may rely on expert or lay observation or both and may subjectively judge the feel of a work or critically analyze its elements. Substantial similarity in copyright infringement To win a claim of copyright infringement in civil or criminal court, a plaintiff must show he or she owns a valid copyright, the defendant actually copied the work, and the level of copyin ...
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US Copyright Law
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, , are in the public domain. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause.Stanford Fair Use and Copyright Center. U.S. Constitution. http://fairuse.stanford.edu/law/us-constitution/ . Retrieved December 3, 2015. Under the C ...
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Fair Use
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ...
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Columbia University
Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhattan, Columbia is the oldest institution of higher education in New York and the fifth-oldest institution of higher learning in the United States. It is one of nine colonial colleges founded prior to the Declaration of Independence. It is a member of the Ivy League. Columbia is ranked among the top universities in the world. Columbia was established by royal charter under George II of Great Britain. It was renamed Columbia College in 1784 following the American Revolution, and in 1787 was placed under a private board of trustees headed by former students Alexander Hamilton and John Jay. In 1896, the campus was moved to its current location in Morningside Heights and renamed Columbia University. Columbia scientists and scholars have ...
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Brown Bag Software V
Brown is a color. It can be considered a composite color, but it is mainly a darker shade of orange. In the CMYK color model used in printing or painting, brown is usually made by combining the colors orange and black. In the RGB color model used to project colors onto television screens and computer monitors, brown combines red and green. The color brown is seen widely in nature, wood, soil, human hair color, eye color and skin pigmentation. Brown is the color of dark wood or rich soil. According to public opinion surveys in Europe and the United States, brown is the least favorite color of the public; it is often associated with plainness, the rustic, feces, and poverty. More positive associations include baking, warmth, wildlife, and the autumn. Etymology The term is from Old English , in origin for any dusky or dark shade of color. The first recorded use of ''brown'' as a color name in English was in 1000. The Common Germanic adjectives ''*brûnoz and *brûnâ'' meant both ...
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Kmart (United States)
Kmart Corporation ( , doing business as Kmart and stylized as kmart) is an American retail company that owns a chain of big box department stores. The company is headquartered in Hoffman Estates, Illinois, United States. The company was incorporated in 1899 as S. S. Kresge Corporation and renamed Kmart Corporation in 1977. The first store with the Kmart name opened in 1962 in Garden City, Michigan. At its peak in 1994, Kmart operated 2,486 stores globally, including 2,323 discount stores and Super Kmart Center locations in the United States. As of April 16, 2022, that number was down to nine, including just three in the continental United States.Tyko, Kelly (April 11, 2022"Kmart store closings 2022: Just three Kmarts remain after new round of closures"''USA Today'' From 2005 through 2019, Kmart was a subsidiary of Sears Holdings Corporation. Since 2019, Kmart has been a subsidiary of Transform SR Brands LLC, a privately held company that was formed in 2019 to acquire assets ...
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Halloween Mask
Halloween costumes are costumes worn on Halloween, a festival which falls on October 31. An early reference to wearing costumes at Halloween comes from Scotland in 1585, but they may pre-date this. There are many references to the custom during the 18th and 19th centuries in the Celtic countries of Scotland, Ireland, Mann and Wales. It has been suggested that the custom comes from the Celtic festivals of Samhain and Calan Gaeaf, or from the practise of "souling" during the Christian observance of Allhallowtide. The Christian tradition of acknowledging the ''danse macabre'' is also suggested as the origin of dressing up on Halloween Dressing up is not strictly restricted to Halloween among Christians, with similar practices being observed on holidays like Christmas. Halloween costumes are traditionally based on frightening supernatural or folkloric beings. However, by the 1930s costumes based on characters in mass media such as film, literature, and radio were popular. Hallowe ...
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Nimmer On Copyright
''Nimmer on Copyright'' is a multi-volume legal treatise on United States copyright law that is widely cited in American courts, and has been influential for decades as the leading secondary source on American copyright law. The work was originally published in 1963 by Melville Nimmer, and was for several decades the only significant treatise in United States copyright law. In 1985, Melville's son David Nimmer took over updates and revisions to ''Nimmer on Copyright''. The work is routinely cited by domestic and foreign courts at all levels in copyright litigation, and within the United States in at least 2500 judicial opinions. The United States Copyright Office held a special celebration on May 6, 2013, in honor of the 50th anniversary of the publication of ''Nimmer on Copyright''. Similarly, the Copyright Society of the U.S.A. published a special issue of the ''Journal'' dedicated to the 50th anniversary, in Winter 2013.F. Jay Dougherty, "A Story of Two Anniversaries: Nimmer a ...
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James Marshall Carter
James Marshall Carter (March 11, 1904 – November 18, 1979) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit and previously was a United States district judge of the United States District Court for the Southern District of California. Education and career Born on March 11, 1904, in Santa Barbara, California, Carter received an Artium Baccalaureus degree from Pomona College in 1924. He attended Harvard Law School before he received a Juris Doctor from University of Southern California Law School in 1927. He was in private practice of law in Los Angeles, California from 1928 to 1940. He was a teacher at the Police School of the Los Angeles Board of Education in California from 1934 to 1935. He was Director of the State Department of Motor Vehicles in Sacramento, California from 1940 to 1942. He was in private practice of law in Los Angeles in 1943. He was Chief Assistant United States Attorney for the Southern District of California fr ...
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United States Federal Judge
In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Courts of Appeals, the district judges of the U.S. District Courts, and the judges of the U.S. Court of International Trade. These judges are often called "Article Three judges". Unlike the president and vice president of the United States The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice ... and United States Senate, U.S. senators and United States House of Representatives, representatives, U.S. federal judges are not election, elected officials. They are nominated by the President and confirmed by the Senate, pursuant to the Appointments Claus ...
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Roth Greeting Cards V
Roth may refer to: Places Germany * Roth (district), in Bavaria, Germany ** Roth, Bavaria, capital of that district **Roth (electoral district), a federal electoral district * Rhineland-Palatinate, Germany: ** Roth an der Our, in the district Bitburg-Prüm ** Roth bei Prüm, in the district Bitburg-Prüm ** Roth, Altenkirchen, in the district of Altenkirchen ** Roth, Bad Kreuznach, in the district of Bad Kreuznach ** Roth, Rhein-Hunsrück, in the district Rhein-Hunsrück ** Roth, Rhein-Lahn, in the district Rhein-Lahn-Kreis France * Roth, Moselle, a village in the commune of Hambach, Moselle United States * Roth, Illinois, a community * Roth, North Dakota, a community * Roth, Virginia, a community Rivers * Roth (Danube), a river of Bavaria, Germany, tributary of the Danube * Roth (Rednitz), a river of Bavaria, Germany, tributary of the Rednitz * Roth (Zusam), a river of Bavaria, Germany, tributary of the Zusam * Rot (Apfelstädt), a river also called Roth, of Thuringia, Ger ...
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Scènes à Faire
A ''scène à faire'' ( French for "scene to be made" or "scene that must be done"; plural: ''scènes à faire'') is a scene in a book or film which is almost obligatory for a book or film in that genre. In the U.S. it also refers to a principle in copyright law in which certain elements of a creative work are held to be not protected when they are mandated by or customary to the genre. Examples in different genres For example, a spy novel is expected to contain elements such as numbered Swiss bank accounts, a femme fatale, and various spy gadgets hidden in wristwatches, belts, shoes, and other personal effects. The United States Court of Appeals for the Second Circuit interpreted the ''scènes à faire'' doctrine expansively to hold that a motion picture about the South Bronx would need to feature drunks, prostitutes, vermin, and derelict cars to be perceived as realistic, and therefore a later film that duplicated these features of an earlier film did not infringe. These eleme ...
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