CFA: 4:45 P.M. - 10/25
Is there such similarity in theme, in the development of the theme, the means used, the climax of the story, and the triumph of the story, to carry the impression to an ordinary observer that the two works are substantially similar or basically the same?Mr. Biller goes on to say, "Always compare similarities, not dissimilarities." It is no defense to say, "Hey! Look at what I haven't copied!"
This is important because Biller, a trial lawyer with a great deal of experience in copyright cases, says that the number one question clients ask him is, "How much do I have to change before it’s my thing?"
That question is comparing dissimilarities without regard for existing similarities. Furthermore, if you are asking that question you are operating from a wrong and dangerous perspective. You are immediately in the realm of derivative copyrights. You aren’t being creative. Ask yourself the question Mr. Biller provides above, and try to be creative.