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Which of the following factors does a court look at to determine whether theres been infringement?



A. Whether there is evidence that the alleged copier actually did copy the work
B. Whether the person accused of infringing made any money from the copy made of the work
C. Whether the copy is identical to the original work
D. Whether the copy is \substantially similar\ to the original work
E. None of the above

This question is part of Introduction to Copyright (A)
Asked by Walkera, Last updated: Mar 27, 2020

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2 Answers

J. Shatner

J. Shatner, Content writer, Boston

Answered Mar 29, 2019

Infringement is illegal. An author's right to the protect the work he has created must be upheld. Mere access is not infringement, and copying may not be in itself. However, passing off a copy as another's work and/or benefiting financially from such use of the work is infringement.

 

walkera

Walkera

Answered Apr 24, 2018

Whether the copy is "substantially similar" to the original work
 

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