Meg Murry Should Be Granted Summary Judgement Essay
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MEG MURRY SHOULD BE GRANTED SUMMARY JUDGEMENT BECAUSE TO EFFECTIVELY ANALYSIS THE SUBSTAINAL SIMILARITIES BETWEEN BOOKS WHEN THE ELEMENTS UNDER SPECULATION ARE UNPROCTABLE; THE DISCERNING OBSERVER IS MOST APPROPRIATE.
A motion for summary judgment may be granted by a district court when the similarity concerns only uncopyrightable elements of alleged infringed work or when no reasonable trier of fact could find the works substantially similar. (Castle, Walker) When the works contain both protectable and unprotectable elements, the examination must be more discerning, extracting the unprotectable elements from the works and asking whether the protectable elements, standing alone, are substantially similar. (knit, Tufenkian). The discerning ordinary observer test must be applied in conjunction with the total concept and feel where after the unprotectable elements are eliminated from consideration an assessment of the total concept and feel of the works at issue. (bOISSON) Only when the alleged infringed work consumes protectable elements does the ordinary observer apply; here if an average lay observer would recognize the alleged copy as having been appropriated from the copyrighted work would be substantially similar. (boisson, knit) After the ordinary observer test or the more discerning inquiry is applied, the works are to be examined by the total concept and feel. (KINT)