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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.

14 minute read March 27, 2008 at 11:12 AM
By
Stan Soocher
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.

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