Copyright's Lost Art of Substantial Similarity

Three copyright doctrines focus more than any others on the contributions of authors to visual artworks: originality, substantial similarity, and fair use. Questions regarding the aesthetics of works of authorship filter into judicial determinations under each of these doctrines. This Article commen...

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Bibliographic Details
Published in:Vanderbilt journal of entertainment and technology law 2023-03, Vol.26 (1), p.109
Main Author: Aistars, Sandra M
Format: Article
Language:English
Subjects:
Aesthetics
Analysis
Art objects
Copyright infringement
Copyright licenses
Creative ability
Derivative works (Copyright)
Fair use (Copyright)
Laws, regulations and rules
Political aspects
Reproduction
Resemblance (Philosophy)
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Summary:Three copyright doctrines focus more than any others on the contributions of authors to visual artworks: originality, substantial similarity, and fair use. Questions regarding the aesthetics of works of authorship filter into judicial determinations under each of these doctrines. This Article comments on a trend among courts hearing visual arts cases to de-emphasize substantial similarity analyses and shift infringement determinations almost entirely to the fair use defense.
ISSN:1942-678X