![]() Some courts use "striking" or "probative" instead of "substantial" to describe the level of similarity needed in the first context to avoid confusion. In the second context, it is used after it has been shown that a defendant had copied to determine if what had been copied is legally actionable or amounts to misappropriation. In the first context, it refers to that level of similarity sufficient to prove that copying has occurred, once access has been demonstrated. Ĭonfusion arises because some courts use "substantial similarity" in two different contexts during a copyright infringement case. ![]() Under the doctrine of substantial similarity, a work can be found to infringe copyright even if the wording of text has been changed or visual or audible elements are altered. To win a claim of copyright infringement in civil or criminal court, a plaintiff must show he or she owns a valid copyright, the defendant actually copied the work, and the level of copying amounts to misappropriation.
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