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Educational Testing Services v. Katzman, 79 F.2d 533 (1986) p.440


copyright violation: test questions


Accusations of copying test questions.


Whether defendant copied the test questions from plaintiff.


The test is whether the accused work is so similar to the plaintiffs wor that an ordinary reasonable person would conclude that the defedant unlawfully appropriated the plaintiff's protectible expression by taking material of substance and value.


At least some of the questions are so strikingly similar as to lead to no other conclusion than that they were copied.


Don't look to fact that there are dissimilariteis. Look to whether there is original expression in copyrighted work and whether there is infringement in the eyes of the ordinary observer.

Created on: Tuesday, September 28, 1999 at 19:49:11 (PDT)

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