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Category: Works similarity

There is no copyright infringement in similarity caused by nature


In 1988, Eric Schechter started GAME. At the time, GAME was focused on conducting fundraising activities. The fundraising concept was for individuals to “adopt” a small toy duck and then all the ducks would “race” on a waterway, such as the Salt River Canal or in New York Harbor. The person who had adopted the duck that finished first would win “a new car or prizes,” which had been donated. The sponsoring organization would then retain all the “adoption” fees.

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How to choose between actual or statutory damages – simply inform the court

When Robert Smith (aka Bigg Robb) recorded his song Looking for a Country Girl, he probably was not looking for a legal battle, too. But Bernard Thomas (aka Bishop Bullwinkle) copied the beat from Smith’s song to make a new one – called Hell 2 Da Naw Naw – and suddenly became famous. Understandably upset at his work being copied, Smith informed Thomas of the issue and attempted to negotiate a resolution. When that failed, he sued and won.

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Russian writer believes Smeshariki (Kikoroki) are plagiarized from his works

One Russian writer has sued the creators of cartoons Smeshariki (Kukoriki) – popular Russian cartoon serial – for plagiarism. He believes the screenplays for certain series have been plagiarized from his literary works. And he knew it thanks to Siberian scientists. They have developed new system “anti-plagiarism” which revealed multiple rip off in cartoons.

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Dental smile copyright

This is a case about alleged copyright infringement of photographs of teeth.

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Stairway to Heaven: RIAA and NMPA on copyright under- and overprotection

Both the RIAA and the NMPA, and their many members, have a shared interest in maintaining strong but not excessive copyright protection, and in helping copyright law develop in ways that clarify the law’s boundaries.

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Experts from educational supervision authority have been accused of scientific plagiarism

Scientific community “Dissernet” has examined scientific works of experts from Russian educational supervision authority Rosobrnadzor and discovered “incorrect citations” and “forgeries” in scientific works wrote by Rosobrnadzor’s experts. Community believes educational supervision authority discredits itself if employs such experts. Rosobrnadzor replied that the procedure of accreditation of such experts is “extremely public”.

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You can’t copyright a pose, even if it is renowned like in Jumpman logo

Rentmeester’s photo

This is a copyright infringement action brought by the photographer Jacobus Rentmeester against Nike. The case involves a famous photograph Rentmeester took in 1984 of Michael Jordan, who at the time was a student at the University of North Carolina. The photo originally appeared in Life magazine as part of a photo essay featuring American athletes who would soon be competing in the 1984 Summer Olympic Games.

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How Zorro in public domain can cause a copyright dispute

The fictional character of “Zorro” first debuted in 1919 in “The Curse of Capistrano” (“COC”), a serialized story by Johnston McCulley which was published in All-Story Weekly. In 1920, COC was adapted into a silent movie titled “The Mark of Zorro” by Douglas Fairbanks. In 1922, McCulley published a sequel to COC entitled “The Further Adventures of Zorro,” which also appeared as a serialized story in All-Story Weekly. COC has also since been re-published as a novel entitled “The Mark of Zorro.” All of these works are in the public domain.

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It is not plagiarism when the Russian soldier of future is very similar to game character

Russian state corporation RosTech has presented the concept of a Russian soldier of future. Some internet users have found many similarities with character from the game Tom Clancy’s Ghost Recon: Future Soldier.

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Idea that was found first in nature is not a protectable element

Wyland (left) v Folkens (right)

The plaintiff alleged that the defendant infringed on his pen and ink depiction of two dolphins crossing underwater. Applying the objective extrinsic test for substantial similarity, the panel held that the only area of commonality between the parties’ works was an element first found in nature, expressing ideas that nature has already expressed for all, a court need not permit the case to go to a trier of fact.

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