‘The substantial similarity test has been criticized as difficult to apply. Nevertheless, it plays a central role in deciding the extent to which works similar to existing copyright works are improper copies or new works that should be allowed. This article provides an empirical analysis of UK substantial similarity copyright cases, contributing to this discussion by revealing how this test is applied in practice. What type of substantial similarity copyright cases tend to be brought by litigants, what factors are relevant in the judgments and what patterns of claimant and defendant losses are revealed?’
Journal of Intellectual Property Law and Practice, 12th May 2025
Source: academic.oup.com
