| 1. | A number of tests have been devised to determine substantial similarity.
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| 2. | However, the court did not address the issue of substantial similarity.
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| 3. | The first is that the concepts have " substantial similarity ."
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| 4. | Both similarities and differences can be considered in determining " substantial similarity ".
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| 5. | Substantial similarity is a question of fact that is decided by a jury.
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| 6. | Under US copyright law, however, substantial similarity does not always indicate infringement.
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| 7. | Substantial similarity is also immaterial when strong evidence exists that the content was created independently.
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| 8. | Major and trace element analysis indicates a substantial similarity of Uturunku lavas to local ignimbrites.
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| 9. | Substantial similarity and access to the original work shown, that the work was not copied.
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| 10. | Both of these tests must pass in order for a finding of substantial similarity to be reached.
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