Substantial Similarity in Copyright Law focuses on the pivotal subject of substantial similarity and helps plaintiff and defense attorneys evaluate and advocate copyright infringement claims. The book illustrates how substantial similarity tests apply to specific kinds of copyrightable material—from fiction to computer programs, and from sound recordings to architectural works­. Practitioners will learn how courts address substantial similarity at each stage of litigation from motion practice to trial, and when they can leverage expert witnesses to strengthen their claims or discredit their adversary.

Highlights from the new release include updates to the following chapters:

• Chapter 2 discusses unprotectable material and “thin copyright”.
• Chapter 3 provides updated discussion of the Ninth Circuit’s substantial similarity test and  when dismissal on grounds of substantial similarity is appropriate.
• Chapter 9 examines Gray v. Hudson, where the Ninth Circuit affirmed that an eight-note ostinato was not copyrightable.
• Chapter 13 covers Structured Asset Sales, LLC v. Sheeran, the first case that expressly rejects an infringement claim based on a combination of individually unprotectable elements on grounds of numerosity.

The release provides new illustrations of the matters in issue in these cases:

• Cub Club Inv. v. Apple Inc. (racially diverse emojis) (see new Appendix A.1.T)
• Morford v. Cattelan (banana duct-taped to a wall) (see new Appendix A.2.L)
• teamLab Inc. v. Museum of Dream Space, LLC (interactive, digital, audiovisual museum displays designed to immerse visitors in the vastness of the universe) (see new Appendix A.2.M)
• ACT, Inc. v. Worldwide Interactive Network, Inc. (description of skills to be learned) (see new Appendix A.3.H)
• Hanagami v. Epic Games Inc. (choreography) (see new Appendix A.3.I)
• Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (sweater) (see new Appendix A.9.W)
• Advanta-STAR Auto. Research Corp. of Am. v. DealerCMO, Inc. (automobile comparison database) (see new Appendix A.9.X)
• Klauber Bros., Inc. v. M.J.C.L.K., LLC (fabric designs) (see new Appendix A.9.Y)
• Hayden v. Koons (serpent platform sculpture) (see new Appendix A.11.U)

In addition, the Table of Cases, the Defendant-Plaintiff Table, and the Index have been updated.

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