The 17.19 Substantial Similarity-Extrinsic Test; Intrinsic Test is a two-part test used to determine whether a work is substantially similar to another work. The Extrinsic Test is a comparison of the works' external elements, like plot, characters, themes, dialogue, and setting. The Intrinsic Test is a comparison of the works' internal elements, like style, mood, and pace. Both tests are used to determine if the works are similar enough to be considered a copyright infringement. There are two main types of 17.19 Substantial Similarity-Extrinsic Test; Intrinsic Test: the Abstraction-Filtration-Comparison Test and the Ordinary Observer Test. The Abstraction-Filtration-Comparison Test is a three-step process that filters out unprotected elements of the works and then compares the remaining protected elements to determine if the works are substantially similar. The Ordinary Observer Test evaluates the works as a whole and determines if an ordinary observer would find the works to be substantially similar.
17.19 Substantial Similarity-Extrinsic Test; Intrinsic Test
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FAQ
A plaintiff must prove both substantial similarity under the ?extrinsic test? and substantial similarity under the ?intrinsic test.? The ?extrinsic test? is an objective comparison of specific expressive 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 copying amounts to misappropriation.
The substantial similarity test is copyright law's dominant means by which courts determine whether a party has infringed another party's copyright rights. Despite this, we have very little empirical evidence about what the test is and how courts apply it.
The extrinsic test assesses the similarities of the two works, focusing only on the protectible elements of the plaintiff's expression. 3. The extrinsic test also requires filtration of the unprotectible aspects of the plaintiff's works.
The Ninth Circuit uses the two-part extrinsic/intrinsic test to determine whether a defendant's work is substantially similar to the plaintiff's. The first (extrinsic) prong requires an objective comparison of the elements in the two works that are protectable under copyright law.
The extrinsic test considers the objective similarities between the ideas ?inherent in the copyrighted work and way the work expresses those ideas,? whereas the intrinsic test is a subjective comparison of the two works through an ordinary observer (focusing on the ?total concept and feel? of the works).
The extrinsic test considers the objective similarities between the ideas ?inherent in the copyrighted work and way the work expresses those ideas,? whereas the intrinsic test is a subjective comparison of the two works through an ordinary observer (focusing on the ?total concept and feel? of the works).