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· 6/9/2010

Benay v. Warner Bros. Entertainment, Inc.

Citations

  • 607 F.3d 620
  • 95 U.S.P.Q. 2d (BNA) 1165
  • 2010 U.S. App. LEXIS 11707
  • 2010 WL 2293234

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • setting forth extrinsic test to assess substantial similarity between specific expressive elements of copyrighted works at issue
  • setting forth the extrinsic test to assess substantial similarity between specific expressive elements of copyrighted works at issue, such as plot, sequence of events, theme, dialogue, mood, setting, pace, and characters
  • “[B]ecause the claim is based in contract, unauthorized use can be shown by substantially similar elements that are not protected, under copyright law”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Clifton, Singleton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.