What is the extrinsic test used to determine if an allegedly infringing work is substantially similar to a copyrighted work?
MultiRegion, United States of America
The following excerpt is from Skidmore v. Led Zeppelin, 905 F.3d 1116 (9th Cir. 2018):
3 The extrinsic test is one of two tests used to determine if an allegedly infringing work is substantially similar to a copyrighted work. This test objectively compares the protected areas of a work. See, infra p. 1125; Swirsky v. Carey , 376 F.3d 841, 845 (9th Cir. 2004).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does an alleged author of a work that was allegedly written by another alleged author have to prove his claim to ownership of the work "from the moment it was created"? (MultiRegion, United States of America)
What is the test for determining whether a work is substantially similar to another? (MultiRegion, United States of America)
What is the test for determining whether a portion of a copyrighted work can be used without the consent of the copyright owner? (MultiRegion, United States of America)
What is the difference between a copyright holder's right to use a copyrighted work without permission? (MultiRegion, United States of America)
What is the "transformative" factor in determining whether a new work has been added to the original work? (MultiRegion, United States of America)
What is the standard of review on both the substantial and substantial evidence and the substantial evidence test? (MultiRegion, United States of America)
Is a visa officer's assessment of language ability "substantially below average" in determining that an applicant's language ability falls substantially below average? (Canada (Federal), Canada)
What is the current state of the law on "similar to" a similar to a similar-to-any agreement? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What constitutes a hostile work environment for a plaintiff who alleges that she was made to work extra hours due to harassment? (MultiRegion, United States of America)
