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Legal Definitions - fragmented literal similarity
The difference between ordinary and extraordinary is practice.
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Definition of fragmented literal similarity
Definition: Fragmented literal similarity refers to the similarity between two works, where one work copies verbatim portions of the other work. This type of similarity is often seen in cases of copyright infringement.
Example: A writer copies a paragraph from a book and uses it in their own work without permission. This is an example of fragmented literal similarity.
Another example could be a musician using a sample from another artist's song without permission. The copied portion is verbatim, or identical, to the original work.
These examples illustrate how fragmented literal similarity involves the direct copying of specific parts of a work, rather than just the general ideas or structure.
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Simple Definition
Fragmented literal similarity is when something is very similar to something else, like a trademark or a copyrighted work. It's not just about copying the exact words or phrases, but also about copying the general ideas or structure. The amount of similarity needed to be considered infringement depends on the product and how careful the buyer is expected to be. If an ordinary person would think that a lot of the original work was copied, then it's considered substantial similarity.
The difference between ordinary and extraordinary is practice.
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