PUBPOL 373 Lecture Notes - Lecture 22: Copyright Infringement, Substantial Similarity, Bench Trial
16 Apr 2017
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Breakdown: boisson alleged that banian illegally copied two quilt designs for which plaintiffs had obtained copyright registrations. Copyright infringement is established by proving ownership of a valid copyright and. Copying of constituent elements of the work that are original. Plaintiffs must first show that defendants actually copied their quilts: indirect evidence may include proof of access to the copyrighted work, similarities that are probative of copying between the works, and expert testimony. Access may be established directly or inferred from the fact that a work was widely disseminated or that a party had a reasonable possibility of viewing the prior work. Court found that actual copying had occurred, defendants did not dispute that finding. Not all copying results in copyright infringement, even if the plaintiff has a valid copyright: plaintiffs must also demonstrate substantial similarity between defendants" quilts and the protectable elements of their own quilts.
