Ordinary observer tests rely on the subjective response that an ordinary person forms on comparing two works as to whether substantial similarity exists.
22.
But Collins said Ms . Chase-Riboud did not " establishe a'substantial similarity "'between Braithwaite and Joadson.
23.
Judge Snyder was very generous in the fact that she gave me time to find an expert witness to draft a substantial similarity analysis.
24.
The unprotected elements are " subtracted " and the fact finder then determines whether substantial similarities exist in the protectible expression which remains.
25.
In the U . S ., for example, copyright case law contains a substantial similarity requirement to determine whether the work was copied.
26.
In order to determine whether a substantial similarity between the two works existed, the Ninth Circuit applied the " extrinsic-intrinsic test ".
27.
Since " substantial similarity " can require careful evaluation, however, infringement cases usually lead to full inquiry with appropriate tests developed by the courts.
28.
Copying is normally shown by proving 1 ) access to the copyrighted work and 2 ) Substantial similarity between the copyrighted work and the accused work.
29.
This judgment was based on the lack of " substantial similarity " between the games, because the identified similarities were inherent to all karate video games.
30.
As an alternate metric, the court presented a three-step test to determine substantial similarity, merger, scenes a faire, and the public domain.
