Quote:
Originally Posted by DaneMcCloud
That's from like 1971. Case law has moved far beyond that.
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Its from 76. But the "ordinary person" test that Left Nut WRONGLY called my law class out on still exists according to the link I posted (from a quick google search)
Though the case is old, I believe the basic elements are still alive today, being:
(1) Access (i.e. ColdPlay has heard the song) and
(2) substantial similarity to an ordinary listener
Experts are heavily used to determine which parts may have been infringed and how close they are, etc. But the test the jury is to use is whether to an ordinary person they sound substantially similar.
Dane, I never disputed that access was a requirement.
citation is: 420 F.Supp. 177