RARA-AVIS: Re:CORRECTION: Hammett/Kurosawa & Analytic Methods

From: Keith Alan Deutsch ( keithdeutsch@earthlink.net)
Date: 19 Apr 2000

Keith Alan Deutsch wrote:

> Of course it is one thing to see the similarities (and differences) in works of
> art, but quite a different matter to claim a direct influence (this problem
> occurs all the time in infringement litigation.).
> So I have to disagree with Bill's reasoning and side with Dick Lochte's
> analytic model for establishing influences.

SORRY, seems I got the correspondence exchange confused between Bill Hagen and Dick Lochte.

I must disagree with Dick's analytic paradigm that if you see enough similarities, and the timing makes influence or copying possible, that it is ok to conclude a direct influence was likely.

There is a concept in intellectual property, roughly stated, that if two works of art are created with independent inspiration--although shockingly similar---there is no infringement, even if it was possible for the alleged infringer to have seen or heard the original work of art.

This concept is very harder to win with because it is so hard to prove "no influence
& independent creation." See George Harrison defense attempt in infringement suit over song "My Sweet Lord" (I think original song title that won the litigation was
"He's So Fine.")

Proving a direct influence is very difficult in court, also. Documentary evidence is really important i.e. Lucas admitting in public how Kurosawa's Castle of Blood was inspiration for first Star Wars film.


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