Toward a Definition of Striking Similarity in Infringement Actions for Copyrighted Musical Works
John R. Autry · Digital Commons (University of Georgia School of Law) · 2002
copyrighted work.'The inquiry does not end there, for the plaintiff must also prove that the similarities, if they exist at all, result from an i/Iegacopying of the plaintiff's work."Courts have inconsistently defined the parameters of "substantial similarity" for copyright infringement purposes."0 Likewise, while some authorities posit that, to be "striking," the possibility that similarities between the two works resulted from independent creation, coincidence, or prior common source must effectively be precluded," 1 most courts have not defined adequately the boundaries of the "striking similarity" doctrine, nor the point at which "substantial" similarity becomes "striking." 1 This Note seeks to more clearly define the factual circumstances under which similarities between two musical works properly can be labeled "striking."The discussions herein will probe the distinctions between substantial and striking similarities by comparing judicial treatments of "substantially similar" and "strikingly similar" claims within the exclusive context of copyrighted musical works.I.