Copyright-infringement cases alleging that a defendant improperly used a plaintiff's work for a movie or TV show often hinge on whether there's substantial similarity between the litigating parties' works. But substantial similarity plays a role in breach-of-implied-contract cases alleging defendants based their film or show on a plaintiff's work.
Exploring the Substantial-Similarity Test in Suits Alleging Breach of Implied Contract
Copyright-infringement cases alleging that a defendant improperly used a plaintiff's work for a movie or TV show often hinge on whether there's substantial similarity between the litigating parties' works. But substantial similarity plays a role in breach-of-implied-contract cases alleging defendants based their film or show on a plaintiff's work. A recent ruling by the California Court of Appeal serves as an informative review of California case law in this legal area and its current application.
By
Stan Soocher
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