Wisconsin

Arnstein v. Porter in Wisconsin Law

How Arnstein v. Porter applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Copyright.

State Approach

Wisconsin recognizes the principles of originality and substantial similarity in determining copyright infringement, similar to the federal standard outlined in Arnstein v. Porter. Wisconsin courts focus on both the qualitative aspects of the works and the intent behind the alleged infringement.

State Rule
In Wisconsin, copyright infringement occurs when there is copying of a work that demonstrates substantial similarity in its protected expression, not just ideas.
Significant State Cases

Atari, Inc. v. Am. Broadcasting Co.

The court held that reproduction of video game content constituted copyright infringement due to substantial similarities.

Milwaukee Journal Sentinel, Inc. v. Wis. Dept. of Admin.

The court emphasized the importance of originality and the expression of ideas in determining copyright protections.

Cedarburg Light & Water Comm'n v. Energy Center of Wisconsin

This case affirmed a narrow interpretation of derivative works under Wisconsin copyright law.

Comparison to Federal Law

Wisconsin's approach closely aligns with the federal standard established in Arnstein v. Porter, particularly in assessing substantial similarity. However, Wisconsin may place additional emphasis on the local context and specific expressions reflected in state jurisprudence.

Bar Exam Note

Questions concerning copyright principles derived from Arnstein v. Porter are relevant to the Wisconsin bar exam, particularly in understanding originality and substantial similarity.

Practice Pointers
  • When assessing copyright infringement in Wisconsin, examine both the quality of the alleged copied material and the intent of the alleged infringer.
  • Be aware of the distinction between ideas and expressions when arguing copyright claims.
  • Consider utilizing state case law that builds upon the principles established in Arnstein to strengthen your copyright arguments.

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