Tufamerica, Inc.

“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."

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To what degree are two photos similar enough to have both parties get involved in court? This question is asked frequently in the copyright law world, and is the subject of a case involving Esquire magazine’s cover of famous contemporary boxer Sonny Liston in 1963 and if the 1998 cover of Sports Illustrated with the then-popular boxer Evander Holyfield infringed on Time Inc.’s copyright. At face value the image can be copyrighted, but when dissecting the individual elements of the image apart, what remains is a weak argument to justify copyright protection.

Land Rover competed in all three SUV categories with the Defender 90 in the mini category, Discovery in the compact category and Range Rover in the full-size category. Total Land Rover sales of 4,906 units in 1993 equated to a 0.35 percent market share in the SUV market. By 1994, over 30 SUV models were available with prices ranging from $10,000 to $60,000. All Japanese manufacturers claimed less than a 20 percent share.

The case I chose to write about is Pharrell Williams hit 2014 "Happy". The song was released in 2013 and has accumulated over 46 million views on YouTube since then and has won various awards and nominations as well as appearing in the popular animated movie Despicable Me 2. Although the case as of now has not been taken to court, the track’s rhythm sounds oddly familiar to a song written by Marvin Gaye in 1965 titled “Ain’t That Peculiar”. The family of Gaye has had previous issues with Pharrell and other popular artist plagiarizing as well. In 2013 the family sued artist Robin Thicke and Williams for their song “Blurred Lines” on the grounds of copyright infringement for sounding almost exactly like Gaye’s song “Got To Give It Up”. Early

The Founders of our nation intended to promote the progress of creative works by providing authors with exclusive rights. These exclusive rights protect the creators from plagiarism, which would ultimately slow the production of creative work. The copyright act applies in this case, because an author has a valid copyright to an original work which was infringed by an amateur writer. The court should find under 17 U.S.C. §§ 101 et seq., that the plaintiff holds a valid copyright, and actionable copying occurred by the defendant of constituent elements of the work that are original. See Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 361 (1991). Further, the court should find that defendant actually copied, through a third party

The second approach to copyright is the democratic approach. All works of art are ideas built on a foundation of other ideas. The democratic approach advocates that intellectual property belongs to the society and should be available for the general good of the public. If the particular usage is intended to derive financial benefit or any other business-related benefits, it is considered inappropriate usage. If the utilization of factual work were more usable than the use of someone’s creative work, then that would not be fair use. There is no specified edge to the amount of quoted work that can be called “fair use.” The courts exercise common sense to determine if it was too much. If the utilization of the material created market or stirred a competition, and if the fair use diminishes demand for the original product, it is not considered as appropriate use (Crews, 1993).

The Copyright Act 1968 (Cth) seeks to protect individuals who have created original literary, dramatic, musical and artistic works. Sections 14(1) and 36 provide that copyright is infringed when a person reproduces a substantial part of another’s work without the license of the owner of the copyright. In 2010 the Federal Court of Australia considered whether the flute riff in ‘Down Under’ a song by popular Australian group Men at Work was a substantial reproduction of the iconic children’s song ‘Kookaburra’ composed by Marion Sinclair. This case attracted significant media coverage and public interest.

Once more people could hear more types of music, some became inspired, and some began to copy. There are many examples of how musicians have blatantly ripped each other off, ranging from Led Zeppelin stealing “Dazed and Confused”, to members of ZZ Top literally claiming to be another band. Many of these cases go to court, and change the way music is created, and written. One landmark case is De la Soul vs. the Turtles. In this case De la Soul, an entirely Black rap group, ripped off a song by the Turtles, an entirely White pop band. This case changed the way rap music is created, due to the heavy use of samples. Now rappers had to pay attention to the samples they used, and pay artists who made them. The verdict was so influential, De la Soul went as far as to argue that this verdict could end rap music as a whole (Runtagh, 2016). This case just shows one way the court system has tried to draw a line between blatant thievery and inspiration, and the compensation involved. There are many other cases that also attempt to create a legal distinction, but it is difficult for a court to make an exact line. There are only so many melodies, and notes, and some happen to sound similar, and sometimes songs are made to sound similar. Courts must go on a case by case basis in order to determine what exactly is and isn’t plagiarized. After the

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.

In this case, the plaintiff wanted to sue the defendant for copyright infringement because of the defendant copied his unpublished journals and letters. Margaret was a biographer, the poet and a writer, and she was also one of the friend of the plaintiff. The defendant in this case was the publisher of Margaret. She copied some of the journals and letters wrote by the plaintiff, and the she revised the journals and letters before she added them into the biography. She only used very less of the original unpublished material from the plaintiff. After she done it, the defendant which was also her publisher published the biography. The plaintiff wanted to sue the defendant because he feels like the defendant used his

To prove improper appropriation, the author must demonstrate that the allegedly infringing work is substantially similar to the author’s original work, as far as copyrightable elements. There is no uniform substantiality test; however, the ninth circuit has agreed on applying an extrinsic/intrinsic test.

MRC, Inc. is a Cleveland based manufacturing company specialized in power brake systems for trucks, buses, and automobiles; industrial furnaces and heat treating equipment; and automobile, truck and bus frames. As till 1957 most of MRC's sales were made to less than a dozen large companies in the automotive industry, it was exposed to the risk inherent in selling to a few customers in a very cyclical and competitive market. To minimize the risk and to explore new business opportunity MRC's management decided to diversify their business operation. After their fifth successful acquisition, the CEO of MRC Archibald Brinton faced with a dilemma of whether to buy American Rayon, Inc.

Tesla Motors Incorporated, an American company that designs, produces, and sells electric vehicles and their electric components, has become one of the fastest growing car companies in recent history. The company’s main goal was to start creating electric vehicles that were accessible and affordable to the public. Founded in 2003 and taking off successfully by 2009, Tesla Motors started selling the first mass-produced vehicle to use lithium-ion battery cells and hold a range of greater than 200 miles on just one charge. Along with building their own electric vehicle models, Tesla also builds electric powertrain components for vehicles from other automakers including cars such as the Toyota RAV4 electric vehicle. Tesla has begun to maximize

Coca-Cola has been around for generations with the same iconic taste, logo and symbolism. Its brand has represented family and the memories of good times, celebrations and comfort of being with those we love. Unfortunately, the company has not made good marketing decisions in the recent past and has lost relevancy. The purpose of this essay is to assess the conditions that created Coca-Colas marketing problems, evaluate the future of healthy beverages and non-carb drink brand extensions, and provide recommendations to the management.