Copyright Infringement and Defeating Substantial Similarity
Obtaining Pretrial Dismissal of Copyright Claims Absent Clear Court Guidance
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to counsel for copyright defendants seeking pretrial dismissal of copyright infringement actions. The panel will provide a practical approach to strengthen the case for obtaining summary judgment.
Outline
- Tests for substantial similarity
- Selection and arrangement test
- Copyright test
- Audience test
- Successive filtering test
- Court treatment
- Strategies for disproving substantial similarity
- Constituent elements
- Unprotected elements
- De minimis similarities or those not driven by protected elements
Benefits
The panel will review these and other key questions:
- What are the tests that are used to determine substantial similarity?
- How have the courts addressed the different tests for substantial similarity?
- What steps can copyright defendants take to disprove substantial similarity?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Joshua M. Dalton
Partner
Bingham McCutchen
He has extensive experience in IP litigation, representing clients in patent, copyright, trademark, trade dress, false... | Read More
He has extensive experience in IP litigation, representing clients in patent, copyright, trademark, trade dress, false advertising and trade secret matters. He handles matters involving enforcement of non-competition, non-solicitation and non-disclosure agreements, as well as general commercial litigation. He provides strategic counseling concerning IP development, protection and licensing.
CloseLawrence T. Stanley, Jr.
Counsel
Bingham McCutchen
He focuses on the trial of patent, trademark and other intellectual property-based disputes. He is registered to... | Read More
He focuses on the trial of patent, trademark and other intellectual property-based disputes. He is registered to prosecute patents before the U.S. Patent and Trademark Office, and has been involved in client counseling and providing infringement, validity, patentability and freedom-to-operate opinions.
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