Intrinsic test copyright

1. What is the test for copyright infringement?
2. What is an extrinsic test?
3. What is the lay observer test?
4. What is the substantial similarity test?

What is the test for copyright infringement?

To prove copyright infringement, the plaintiff must show (1) that the defendant had access to the plaintiff's work and (2) that the defendant's work is substantially similar to protected aspects of the plaintiff's work.

What is an extrinsic test?

"Extrinsic Facts" Test — the legal principle that an insurer owes a duty of defense to its insured when the actual facts of a claim or loss match the provisions of the insurance policy, regardless of the language in which the claim is asserted against the insured.

What is the lay observer test?

The test asks if an average lay observer would be predisposed to overlook the differences between the works and consider the overall aesthetics of the works the same.

What is the substantial similarity test?

When determining whether or not someone has committed copyright infringement, the courts use a test known as substantial similarity. Looking at how much of a new work is similar to an original work can help a court decide whether the use is trivial or warrants further examination. ...