"Currently, there is no requirement to specify function or intended use of a copyrighted work on the copyright registration form. Not unlike fraudulent infringement claims in patent law be-copy, the court is allowed to dissect the similarities between the images, but not the dissimilarities."

According to the court, "[a] copyright infringement may occur by reason of a substantial similarity that involves only a small portion of each work."

The slavish copying of 57 shots of the wheelchair compared to two or three considered works by the plaintiff, also undermined the defendant's independent creation defense.

—held that the registration of the magazine in which the work appeared was effective for the purposes of obtaining statutory damages when the individual author had registered his own copyright too late.

The Two-Part test to discern Substantial Similarity between two works at issue calls for "substantial similarity not only of the general ideas but of the expressions of those ideas as well."

—the court held that each of 40 numbered, dated, and signed silver gelatin photographic prints placed on calendars was an "original" work of art and therefore exempt from the notice requirements of ž 401 (a).

Id.; see also Hilliard v. Mac's Place, Inc., No C93-1248WD, 1994 WL 323961, at* 1 (WD Wash. Mar. 25, 1994

—extensive efforts to capture the same compositional structure as plaintiffs photograph supported conclusion of copying and refuted independent creation

—case cited above, the court awarded lost license fees, which it characterized as "actual damages," as well as the infringer's profits.

—awarding plaintiff photographer the fee he would have been paid had defendant hired him instead of infringing his copyright

[CITATION] Patry on copyright

[PDF] Photographer's Rights: Case for Sufficient Originality Test in Copyright Law …

[CITATION] Copyright law and practice

[CITATION] United States. Foreign..