Substantial Similarity: Kohus Got it Right

Autor: Gabriel Godoy-Dalmau
Rok vydání: 2017
Zdroj: Michigan Business & Entrepreneurial Law Review. :231
ISSN: 2375-7558
2375-7523
DOI: 10.36639/mbelr.6.2.substantial
Popis: This Note is organized as follows. Part I discusses the historical development of the substantial similarity inquiry and its role in a Plaintiff’s prima facie case of copyright infringement. Part II evaluates more recent developments in the substantial similarity inquiry. Part III argues that the various standards that lower courts have developed are themselves substantially similar to each other. This analysis is in line with the Sixth Circuit’s decision in Kohus. Although largely ignored by the scholarly community, the Sixth Circuit’s decision in Kohus got it right.
Databáze: OpenAIRE