Any of these non-protected elements are thrown out and the remaining elements are compared with the allegedly infringing program's elements to determine substantial similarity.
32.
Due to substantial similarities between the two theories they were successfully amalgamated to form the Cattell Horn Carroll theory ( Willis, 2011, p . 45 ).
33.
As the Ninth Circuit explained in the 1988 " Data East " case, that such elements are common to two works does not create substantial similarity.
34.
Among other copyright claims Paramount asserted against Axanar in support of an overall substantial similarity copyright claim, they also asserted a claim to own copyright to the Klingon language.
35.
Substantial similarity is the term used by all courts to describe, once copying has been established, the threshold where that copying wrongfully appropriates the plaintiff's protected expression.
36.
As there is no clear line on how much duplication is necessary to reach " substantial similarity ", the question is determined on a case-by-case evaluation.
37.
Often, these subjects are images that already are well known as the works of others, generating heated ethical controversies regarding copyright infringement and derivative works due to substantial similarity issues.
38.
One notable previous treatment of substantial similarity of the Structure, sequence and organization ( SSO ) of software was adopted by the Third Circuit in " Whelan v . Jaslow ".
39.
The AFC test was devised to handle that issue; it is a method for determining whether substantial similarity exists between two computer programs, especially in non-literal elements of the program.
40.
If courts look at two works and find that there is substantial similarity between them and there is proof the alleged copier had access to the original work, copying will be presumed.
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