Copyright Infringement — Substantial Similarity is the unauthorized use of a copyrighted work that is so similar to the copyrighted work that it could be mistaken for the original work. This type of copyright infringement is also sometimes referred to as piracy. It is a violation of the copyright holder's exclusive rights, including the right to reproduce, distribute, display, or create derivative works. There are three types of Copyright Infringement — Substantial Similarity: 1. Direct Infringement: This occurs when an unauthorized copy of a copyrighted work is made without the copyright holder's permission. 2. Indirect Infringement: This occurs when someone uses a copyrighted work in a way that does not directly copy the work, but is still substantially similar. 3. Contributory Infringement: This occurs when someone is not directly infringing, but they are contributing to an infringement by providing the means to do so.
Copyright - Infringement - Substantial Similarity
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FAQ
Infringement of the Right of Reproduction: Copyright owners maintain the exclusive right to reproduce their work in any fixed form. As a result, copying and selling a work constitutes an infringement of the owner's right to reproduce.
Whether it was copied on purpose or by accident does not matter when determining copyright infringement, only whether you copied a substantial amount of an original work. But sometimes copying an original work is intentional?and allowed.
As explained below, probative similarity and striking similarity are analytical tools to determine whether factual copying has occurred, whereas substantial similarity is the test used to determine whether factual copying, once established, is legally actionable.
The three basic elements of copyright: originality, creativity, and fixation. There are three basic elements that a work must possess in order to be protected by copyright in the US: Originality: To get a copyright, a work must be the original work of the author.
Under the doctrine of substantial similarity, a work can be found to infringe copyright even if the wording of text has been changed or visual or audible elements are altered.
To prove copyright infringement, the plaintiff must show (1) that the defendant had access to the plaintiff's work and (2) that the defendant's work is substantially similar to protected aspects of the plaintiff's work.
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.