Archive for the 'substantial similarity' tag

Disney Accused of Copying Artist’s Painting

And another one dealing with the public domain. Here, the real question is, did Disney copy any copyrightable elements? Check out Techdirt’s argument, which makes sense, up to a point. The presumption is that the artist’s…
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Is the Recreation of a Photo Copyright Infringement?

Rebecca Tushnet analyzes the First Circuit’s decision upholding a lower court ruling that the recreating the factual elements of a photograph is not copyright infringement. Professional freelance photographer Donald Harney…
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JahJah Gordon Copyright Case Dismissed; Expert Testimony Bankrupt

I received three e-mails and one text message today asking why we hadn’t posted on the Gordon v. McGinley decision. Our answer, everybody calm down. First of all, it’s not that interesting of a case, and second of all, it…
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