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Intellectual Property

Mar. 18, 2002

Courts Conflate Two Different Tests for 'Copying'

Focus Column - By David Gerber - The elements of a copyright infringement claim are "ownership of the copyright; and ... infringement - that the defendant copied protected elements of the plaintiff's work." Three Boys Music Corp. v. Bolton, 212 F.3d 477 (9th Cir. 2000), cert. denied, 531 U.S. 1126 (2001).

        Focus Column
        
        By David Gerber
        
        The elements of a copyright infringement claim are "ownership of the copyright; and ... infringement - that the defendant copied protected elements of the plaintiff's work...

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