As the standard of copyright infringement, “substantial similarity” is an ambiguous concept that produces unpredictable decisions often inimical to the purposes of copyright law. This Article explains the deficiencies of infringement tests based upon that standard. It also provides an innovative interpretation of copyright protection and presents a new test of infringement designed to directly determine whether that protection has been violated.
Robert F. Helfing,
Substantial Similarity and Junk Science: Reconstructing the Test of Copyright Infringement,
30 Fordham Intell. Prop. Media & Ent. L.J. 735
Available at: https://ir.lawnet.fordham.edu/iplj/vol30/iss3/2