Copyright Litigation: Substantial Similarity

In copyright litigation, courts assess substantial similarity to determine if alleged copying constitutes infringement. This evaluation involves comparing works across different categories using objective measures and subjective impressions to weigh similarities and dissimilarities. Even when copying is proven, infringement requires demonstrating that the similarity is legally significant. This article by Preti Flaherty’s Eric Osterberg discusses how courts navigate these criteria to adjudicate copyright infringement claims effectively.

Resources

• Read the full article here.