New Hampshire
How Arnstein v. Porter applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Copyright.
New Hampshire follows analogous legal principles regarding copyright infringement as established in Arnstein v. Porter, especially in the evaluation of originality and substantial similarity. The courts in New Hampshire set a nuanced standard for determining when a work is protectable under copyright law, emphasizing the necessity of an objective similarity assessment.
In New Hampshire, copyright infringement claims require proof of ownership of a valid copyright and substantial similarity between the two works in question, paralleling the standards set forth in Arnstein v. Porter.
The court found that the unauthorized use of a copyrighted work was sufficiently similar to prompt an infringement claim, reinforcing the substantial similarity test.
The court ruled that artistic works express more than mere ideas and must reflect substantial similarity for copyright violation.
The decision emphasized that copyright protection does not extend to unoriginal elements, aligning with Arnstein's originality requirement.
New Hampshire's approach mirrors federal copyright law, specifically the substantial similarity test and the requirement of originality. However, state courts may sometimes apply a more contextual analysis in assessing the relationship between the works, potentially leading to differing interpretations.
Questions on copyright in the New Hampshire bar exam may reference principles from Arnstein v. Porter, particularly regarding originality and substantial similarity criteria.