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What happens when two fantasy stories share the same DNA? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down a major copyright decision involving the Crave series and what it means for substantial similarity in fiction.
In this episode, they cover:
– Why common genre tropes like love triangles, supernatural powers, and chosen one narratives are not protectable
– How courts filter out unprotectable elements using the “more discerning ordinary observer” test
– Why combining familiar elements is not enough to prove copyright infringement
Tune in for a clear look at where copyright law draws the line between inspiration and infringement.