The Copyright of Procedural Art

“We have held that where the works in question are 'so strikingly similar as to preclude the possibility of independent creation, copying may be proved without a showing of access.'" In some cases, the similarities between the plaintiff's and defendant's work are so extensive and striking as, without more, both to justify an inference of copying and to prove improper appropriation. If a plaintiff demonstrates actual copying through proof of a reasonable possibility of access and similarities probative of copying, however, it can prevail on its infringement claim by demonstrating that defendant's work is "substantially similar to that which is original in the plaintiff's expression." With "inexact copies," this assessment proceeds by a comparison of the "total concept and feel of the contested works" as "instructed by common sense.” The court must "analyze the two works closely to figure out in what respects, if any, they are similar, and then determine whether these similarities are due to protected aesthetic expressions original to the allegedly infringed work, or whether the similarity is to something in the original that is free for the taking."

Correct! This is the practice of using a case that has already been decided in a court of law (the precedent) as an analog or analogy to the case in question. If the case in question is sufficiently similar to the precedent, and the precedent stands on the authority of the court's ruling, then it may be argued, by analogy, that the case in question should receive the same ruling.

Digital graphics are in their own way an art form, digitally constructed to create phenomenal images. However, you need to have some sort of artistic ability combined with a suitable computer system before you can design the perfect graphic.

A significant similarity between both judicial systems is that they are both comprised of Trial and Appellate courts (a Court of Appeals and a Supreme Court). Trial courts are one of the lowest levels within both judicial systems, and they are

Downer has satisfied the first requirement for establishing a copyright infringement against Murry. However, the second requirement is where disparities come into play. Below is a list of similarities and differences between “Hatching Magic” and “Magic Hatching”. These facts are important to our case, as it undoubtedly will prove that Meg Murry’s “Magic Hatching” is one of original work and common elements seen in many children’s books. In addition, these facts prove that Meg Murry completed “Magic Hatching” well before Ann Downer’s “Hatching Magic”

It is easy to confuse plagiarism with paraphrasing and sometimes that confusion can lead to controversy. There has recently been a debate over the originality of some Supreme Court Justice Clarence Thomas’s majority opinions. Some are a accusing him of copying text from case briefings, and many are wondering if this is the result of lazy writing or innocent coincidence.

In the article "When Stealing Isn't Stealing" the author explains that an individual’s original work should be lawfully protected.

Copyright conjointly protects the correct to “make a by-product work,” like a motion picture from a book; the correct to incorporate a chunk in an exceedingly collective work, like publication a piece of writing in an exceedingly book or journal. Works of visual art Copyright law doesn't shield ideas, knowledge or

The west wing of the J. Paul Getty Museum holds several wonderful 18th and 19th century paintings. Two such paintings are “The Farewell of Telemachus and Eucharis” by Jacques Louis David, 1818; and “Belisarius” by Francois Gerard, 1797. Both of these paintings are extremely refined oil paintings, and both are representational figurative paintings, each with two figures. In these two paintings David and Gerard were able to portray distinct moods through the use of color, shape, composition and technique. Both painting are representational idealized neo-classical paintings and so compositionally and technically they

Something nobody likes is plagiarism. When you sink time and effort into a piece of work only to have someone else run along and take your idea, the feeling you get isn’t usually pleasant. However, something that should always be considered is if the ideas just seem similar but aren’t identical, or if the idea was an already established one that’s being built upon, or even if the idea was even yours to begin with. In the case of the PUBG vs. Fortnite copyright claim, all these factors are addressed into play.

The court used the discerning observer test for substantial similarity, analyzing protectable elements and how those elements were arranged and placed and the total concept and feel of the quilts. Id. at 273. In particular, the court considered the arrangement and shapes of letters, colors that were chosen to represent letters and other parts of the quilt, quilting patterns, icons chosen and placement of protectable elements. Id.; See Hogan v. DC Comics, 48 F. Supp. 2d 298 (S.D.N.Y. 1999) (reasoning that the comic book and novel were not substantially similar because the similarities were of unprotectable ideas and themes, in addition to the differences in the total look and feel of the works, the interactions of the characters’, and the plots). However, in Knitwaves, when the plaintiff, a clothing manufacturer claimed that the defendant had copied two sweaters that were created and copyrighted by the plaintiff, the court ruled that the two sweater designs at issue were substantially similar because the alleged infringed work copied the original contribution of the copyrighted work. 71 F.3d 996. In addition, the court reasoned that the sole use of Knitwaves ' sweaters as reference materials and the selection, coordination and arrangement of patterns was enough to constitute copyright infringement. Id. at 1004.

According to Beeson the process of composing music for an abstract piece of art is not very different from composing music for a film, but the logistics are different. However it depends on the provided content. With abstract art the music could speak directly from the art, because there is not a particular narrative to dictate the mood and the tempo of the

Plagiarism is very well common in some nations more than other nations. In 1991, arXiv was

This again, ties into the first problem, that is never ok to copy someone else’s work. So, we

There is such a legal concept as "intellectual property". Intellectual property is defined as the creation of any intellectual innovation by an individual such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. The law provides him exclusive rights to this innovation and is strictly against theft or plagiarism in any way. Innovators can safeguard their property by one or more of the following: copyright, trademarks, patents, industrial design rights and in some jurisdictions trade secrets.. Copyrights, patents, and trade secrets are each authored by different Offices. Each is based on the Laws of Commerce. (LII. Intellectual property). Cultural attitudes, in fact, esteem words and knowledge above that of certain other property, since knowledge is something that cannot be as easily duplicated as, for instance, an article of common furniture can. To illustrate the veneration that contemporary society accords intellectual invention, software is more expensive and valuable than hardware sink the