Copyright is the protection of original works in the field of literature, music or art. Since this is the creativity of personal thought, it describes all efforts to make it illegally copied by anyone. Whether it's photos, movies or simple writing, copyright law applies to all original works. This law uses legal principles and rules to prevent an author's personal work from being illegally copied.
Not all works can be copied, and there are certain conditions. For works that qualify for this protection, it must be original, tangible, and these ideas must be expressions.
Every time you copy a work, you will not violate copyright laws. A good comparative study must be conducted between the original work and the defendant's work. The similarities are listed and the way to access the original work is considered. However, in order to prove that copying is an infringement, the evaluation method is rather vague. As a result, different tests have been developed over the years to help the court better make infringement decisions, as follows:
The Lay Observers' tested the audience of ordinary people and presented the injured work to them for analysis. A group of rather sensitive people wrote down the similarities in the two works and helped the court determine whether the original was illegally copied. But this test is only for general similarities, not minor details. Therefore, professional experts may differ from the general public and vice versa.
External tests are best suited for literary works such as books and scripts, but can also be applied to musical works and works of art. It was revised by the US Court of Appeal and two members. External testing is more focused on expert opinion and focuses on more technical areas, the types of art involved, the materials used and the themes. Intrinsic testing depends more on the decisions of the average audience.
Finally, put the two tests together to determine if the copyrighted work was stolen incorrectly.
Abstract, filtering and comparison testing is the third such test. Abstraction is the analysis of each step in the production of a work, used to check the similarity of each point. Filter and then eliminate unpredictable elements such as ideas, facts, public domain information and merged materials. Finally, the comparison determines which aspects of the copyright law are invalid. The challenge here is to divide the boundaries between ideas and expressions, because at the same time the ideas are not in line with copyright. It is also difficult to determine when it is beyond the limits of conceptual expression.
The results of such cases that violate copyright laws vary from product to product and are highly dependent on the analytical method used. The general public's decision is different from the expert's decision, and the idea is determined separately - expressing the boundary variable. Therefore, small changes in test methods can have a significant impact on the conclusive results.
Orignal From: Copyright law and simulation
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