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@article{ART002967641},
author={Min-Ji Shin and Kim Si Yeol},
title={An Implication in Determining Substantial Similarity of The Court of Appeals for the Federal Circuit on Copyright Law},
journal={Journal of Software Assessment and Valuation},
issn={2092-8114},
year={2023},
volume={19},
number={2},
pages={11-19},
doi={10.29056/jsav.2023.06.02}

TY - JOUR
AU - Min-Ji Shin
AU - Kim Si Yeol
TI - An Implication in Determining Substantial Similarity of The Court of Appeals for the Federal Circuit on Copyright Law
JO - Journal of Software Assessment and Valuation
PY - 2023
VL - 19
IS - 2
PB - Korea Software Assessment and Valuation Society
SP - 11
EP - 19
SN - 2092-8114
AB - In the Copyright Act, infringement is required to have the same or substantial similarity between the Defendant and the Plaintiff's works. Even if it is not completely the same, it protects even if the substantial similarity between the two works is recognized. However, the practical similarity that is the standard for infringement is an uncertain concept and is characterized by difficulty in preparing generalized standards. In U.S. law, it is called "unfair use," and many theories such as three-stage tests and external/internal tests have been proposed to materialize practical similarities, but each circuit court takes a different position. Discussions are continuing to materialize practical similarities in Korea, but specific individual issues are being proposed. Focusing on these discussions, a critical review of domestic practical similarity criteria was conducted, and implications and directions for laying the foundation were studied by comparing the U.S. Federal Court of Appeals criteria, which is the most similar form to the basic legal principles of domestic copyright.
KW - substantial similarity;copyright infringement;standard judgment;3-step test;U.S.Court of Appeals
DO - 10.29056/jsav.2023.06.02
ER -

Min-Ji Shin and Kim Si Yeol. (2023). An Implication in Determining Substantial Similarity of The Court of Appeals for the Federal Circuit on Copyright Law. Journal of Software Assessment and Valuation, 19(2), 11-19.

Min-Ji Shin and Kim Si Yeol. 2023, "An Implication in Determining Substantial Similarity of The Court of Appeals for the Federal Circuit on Copyright Law", Journal of Software Assessment and Valuation, vol.19, no.2 pp.11-19. Available from: doi:10.29056/jsav.2023.06.02

Min-Ji Shin, Kim Si Yeol "An Implication in Determining Substantial Similarity of The Court of Appeals for the Federal Circuit on Copyright Law" Journal of Software Assessment and Valuation 19.2 pp.11-19 (2023) : 11.

Min-Ji Shin, Kim Si Yeol. An Implication in Determining Substantial Similarity of The Court of Appeals for the Federal Circuit on Copyright Law. 2023; 19(2), 11-19. Available from: doi:10.29056/jsav.2023.06.02

Min-Ji Shin and Kim Si Yeol. "An Implication in Determining Substantial Similarity of The Court of Appeals for the Federal Circuit on Copyright Law" Journal of Software Assessment and Valuation 19, no.2 (2023) : 11-19.doi: 10.29056/jsav.2023.06.02

Min-Ji Shin; Kim Si Yeol. An Implication in Determining Substantial Similarity of The Court of Appeals for the Federal Circuit on Copyright Law. Journal of Software Assessment and Valuation, 19(2), 11-19. doi: 10.29056/jsav.2023.06.02

Min-Ji Shin; Kim Si Yeol. An Implication in Determining Substantial Similarity of The Court of Appeals for the Federal Circuit on Copyright Law. Journal of Software Assessment and Valuation. 2023; 19(2) 11-19. doi: 10.29056/jsav.2023.06.02

Min-Ji Shin, Kim Si Yeol. An Implication in Determining Substantial Similarity of The Court of Appeals for the Federal Circuit on Copyright Law. 2023; 19(2), 11-19. Available from: doi:10.29056/jsav.2023.06.02

Min-Ji Shin and Kim Si Yeol. "An Implication in Determining Substantial Similarity of The Court of Appeals for the Federal Circuit on Copyright Law" Journal of Software Assessment and Valuation 19, no.2 (2023) : 11-19.doi: 10.29056/jsav.2023.06.02