Different courts have different opinions on what constitutes "substantial similarity."
To determine whether the defendants had copied the image, the court turned to circumstantial evidence of access and substantial similarities between the two works.
Five remained, which the court did not consider to be enough to show substantial similarity.
Both of these tests must pass in order for a finding of substantial similarity to be reached.
However, the court did not address the issue of substantial similarity.
Second, a plaintiff must show that the intended audience will recognize substantial similarities between the two works.
A number of tests have been devised to determine substantial similarity.
Thus, there was no substantial literal similarity between the listings of the two programs.
Both similarities and differences can be considered in determining "substantial similarity".
It seems obvious that there are substantial similarities among the programs being contested.