New Hampshire
How Computer Associates v. Altai applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Copyright / Intellectual Property.
New Hampshire law acknowledges the importance of the 'abstraction-filtration-comparison' test established in Computer Associates v. Altai when determining substantial similarity in copyright infringement cases. This approach aligns with how New Hampshire navigates the balance between protecting intellectual property and allowing fair use.
In New Hampshire, the substantial similarity between copyrighted works is evaluated using the abstraction-filtration-comparison test, which assesses the work's elements at varying levels of abstraction and filters out unprotectable elements.
The court applied the abstraction-filtration-comparison test to determine whether the elements of a design were entitled to copyright protection.
The court discussed the boundaries of copyright infringement and the application of substantial similarity rules in the context of insurance policy language.
The court examined the concept of originality in the context of copyright protection in educational materials, referencing the principles established in Altai.
New Hampshire's application of the abstraction-filtration-comparison test mirrors the federal standard as articulated in Ninth Circuit cases. However, New Hampshire courts may place greater emphasis on local precedential cases and specific contexts in which the copyright is claimed.
Understanding the abstraction-filtration-comparison test is crucial for the New Hampshire bar exam, particularly in questions concerning copyright infringement and intellectual property rights.