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Full-Text Articles in Intellectual Property Law
Improper Appropriation, Daniel J. Gervais
Improper Appropriation, Daniel J. Gervais
Daniel J Gervais
The traditional (Arnstein) test for copyright infringement is satisfied when the owner of a valid copyright establishes unauthorized copying by the defendant. To demonstrate unauthorized copying, one of the major tests is that the plaintiff must first show that her work was actually copied; second, she must establish substantial similarity and/or that the copying amounts to an improper or unlawful appropriation. The second prong is satisfied when (i) protected expression in the earlier work was copied and (ii) the amount of the copyrighted work that is copied must be more than de minimis. This Article examines, first, how impropriety has …
Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean
Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean
Daniel Harris Brean