| 翻訳と辞書 |
| substantial similarity ： ウィキペディア英語版 |
substantial similarity
In U.S. copyright law, substantial similarity 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 infringement was 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 copying has occurred.〔Abrams, Howard B. ''2 Law of Copyright §14:5''〕 A number of tests have been devised by courts to determine substantial similarity. These may rely on one or both of expert or lay observation 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 copying amounts to misappropriation.〔 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.
Confusion arises because some courts use "substantial similarity" in two different contexts during a copyright infringement case. In the first context, it refers to that level of similarity sufficient to prove that copying has occurred, once access has been demonstrated. In the second context, it is used after it has been shown that a defendant had copied to determine if what had been copied is legally actionable or amounts to misappropriation. Some courts use "striking" or "probative" instead of "substantial" to describe the level of similarity needed in the first context to avoid confusion.〔 The second meaning, which Justice Jon O. Newman referred to in 1997 as the more proper use, defines "the threshold for determining that the degree of similarity suffices to demonstrate actionable infringement" exists, "after the fact of copying has been established." 〔''Ringgold v. Black Entertainment Television, Inc.'' ((126 F.3d 70 ) (2nd Cir., 1997).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「substantial similarity」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|