Category Archives: Intellectual Property

Copyright infringement basics

FIRST STEP: Probative Copying Question is whether actual copying took place.  This can be shown in two ways: Direct proof (by admission or other direct proof); OR Circumstantial evidence.  This, in turn, can be shown by access to the plaintiff’s work PLUS “substantial similarity” between the parties’ works: Access: remember that access without similarity is not copying. Similarity: […]

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Copyright project 3: scoring

Scoring for each component will be done on a 4.0 scale. Below is a brief explanation of what I look for in each category. Complaint, summons, cover sheet 35% Exhibits to complaint 15% Memorandum 50% Total 100% Civil complaint: body of complaint, summons, cover sheet (35%). Scoring considerations include: Does the complaint include a proper caption and numbering as required by […]

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