To decide whether Atari's replica of the 10NES, the Rabbit, was infringing on Nintendo's copyright, the court analyzed whether there was substantial similarity between the two systems.
42.
Entertainment lawyers said plaintiffs in such cases must essentially prove two things : that the defendants had access to their work, and that " substantial similarities " existed between the works in question.
43.
Koons admitted to having copied the image intentionally and, in 1992, the court found " substantial similarity " between the two works and that Koons acted in a " willful and egregious " manner.
44.
While actionable infringement is more likely to be found where greater levels of similarity exist, substantial similarity has also been found where the portion copied was small but constituted the " heart " of the work.
45.
The various other tests devised to determine substantial similarity can essentially be broken down into two categories : those that rely on the impressions of ordinary observers and those that rely on " dissection " by experts.
46.
"Along with Heinrich Knopf, it is very possible that Ludwig Bausch supplied some bows to Nicolaus Kittel ( as there are substantial similarities in some of these bows by Kittel and Bausch ) "-Gennady Filimonov
47.
A showing that features of the two works are " not " similar does not bar a finding of substantial similarity, if such similarity as does exist clears the " de minimis " threshold.
48.
Noted copyright authority Melville Nimmer describes two different tests for substantial similarity, " fragmented literal similarity " and " comprehensive non-literal similarity ", which have been widely adopted and utilized by U . S . courts.
49.
In 2011, Econoline Crush sued Canadian band Nickelback for copyright infringement over the song, claiming Nickelback's 2003 song " Figured You Out " " bears a substantial similarity " to " All That You Are ".
50.
In a case like this, I'd apply a " substantial similarity " standard-if the replacement image is substantially similar, even if not completely identical, to the deleted original, then it should be caught by G4.
