The IT Law Wiki

Striking similarity

31,968pages on
this wiki

Overview Edit

U.S. copyright law Edit

If the copyrighted work and the defendant's work are strikingly similar, the first element of access may be assumed without proof (at least in civil copyright cases), especially when the copyrighted work was widely available.[1]


  1. See, e.g., Playboy Enters., Inc. v. Frena, 839 F. Supp. 1552, 1556 (M.D. Fla. 1993) (full-text) (holding proof of access unnecessary when defendant made "essentially exact" copies of copyrighted photos that appeared in nationally circulated magazine).

Around Wikia's network

Random Wiki