Z. C. v. F. G. Corp., 2023 WL 1234567 (9th Cir. 2023)
The case of Z. C.
Does the use of strikingly similar elements in a marketing campaign without authorization constitute copyright infringement when the original works are protected artistic creations?
To prove copyright infringement, a plaintiff must demonstrate: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original. The court evaluates substantial similarity between the original work and the allegedly infringing work to determine if infringement has occurred.
The court held that F. G. Corp.'s use of elements substantially similar to Z. C.'s original artworks without authorization constituted copyright infringement.
This decision is significant as it reinforces the safeguard against the unauthorized use of artistic works, particularly in the digital sphere where copying can be technologically facilitated. The case illuminates the criteria for assessing substantial similarity and underscores judicial support for individual artists against potential corporate exploitation. Law students can draw valuable lessons about the balance between protecting artistic innovation and encouraging creative freedom.