This article surveys reported summary judgment and summary adjudication opinions in which courts have ruled on the presence or absence of substantial similarity in copyright actions. Because summary judgment is so frequently granted to moving defendants on this issue, it is suggested that the current tests for substantial similarity are deficient; a different one is proposed.
Julie J. Bisceglia,
Summary Judgment on Substantial Similarity in Copyright Actions,
16 Hastings Comm. & Ent.L.J. 51
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol16/iss1/2