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.
Keith
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