The Abstraction-Filtration-Comparison Test is a method used by judges to determine if two things are too similar and if one person copied the other. Initially, the judge analyses the copied thing and breaks it down into smaller components. Subsequently, the judge eliminates any parts that are not eligible for protection, such as ideas or facts. Finally, the judge compares the remaining components to the copied thing to assess their similarity. Although commonly employed for computer programs, this test can also be applied to other subjects.
The Abstraction-Filtration-Comparison Test is a legal method used to determine if two works are substantially similar in an infringement case. It was established by the courts and involves three steps:
1. Abstraction Test: The court analyses the copyrighted work by breaking it down into different levels of abstraction or generality.
2. Filtration Test: The court examines each level of abstraction and eliminates any elements that are not protected by copyright, such as ideas, processes, facts, public-domain information, and merger material.
3. Comparison Test: The court compares the remaining core of protectable expression with the accused work to determine if there has been any misappropriation of significant elements from the copyrighted work.
Initially used in a case involving computer software, the Abstraction-Filtration-Comparison Test has since been applied to various types of works. For instance, if a musician creates a song and obtains a copyright for it, and another musician later creates a song that sounds very similar to the first one, the first musician can utilise the Abstraction-Filtration-Comparison Test to assess if the second song infringes on their copyright.
In this scenario, the court would break down the structure of the first song into its different levels of abstraction, such as melody, harmony, and lyrics, during the Abstraction Test. Then, during the Filtration Test, the court would examine each level of abstraction and remove any unprotectable elements, such as common chord progressions or basic song structures. Finally, during the Comparison Test, the court would compare the remaining core of protectable expression with the second song to determine if there has been any misappropriation of substantial elements from the first song. If the court finds that the second song has copied significant elements of the first song’s protectable expression, it may be considered an infringement of the first musician’s copyright.
The Abstraction-Filtration-Comparison Test (AFC Test) is a legal framework used to determine whether a work infringes on copyright by analyzing the level of similarity between the original work and the allegedly infringing work.
The AFC Test involves three steps. First, it abstracts the original work into its core ideas or concepts. Second, it filters out non-protectable elements, such as facts or ideas. Finally, it compares the remaining protected elements of the original work with the allegedly infringing work to determine if there is substantial similarity.
The AFC Test helps courts determine whether a work infringes on copyright by focusing on the protectable elements of the original work and filtering out non-protectable elements.
Non-protectable elements may include facts, ideas, or common themes. These elements are not subject to copyright protection and are filtered out during the AFC Test.
The AFC Test is a method used within the substantial similarity test. It helps analyze the level of similarity between two works by abstracting, filtering, and comparing their protected elements.
If the AFC Test determines that there is substantial similarity between the original work and the allegedly infringing work, it may indicate a potential copyright infringement. However, further analysis and evidence may be required to establish infringement conclusively.
The AFC Test is commonly used in cases involving literary, musical, or artistic works. However, its applicability may vary depending on the jurisdiction and the specific facts of the case.
No, the AFC Test is one of several methods used to determine copyright infringement. Other tests, such as the extrinsic-intrinsic test or the total concept and feel test, may also be employed depending on the jurisdiction and the nature of the works involved.
The AFC Test is primarily used to analyze copyright infringement, not fair use. Fair use is a separate defence that considers factors such as the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market.
While the AFC Test is primarily used in copyright law, its underlying principles of abstraction, filtration, and comparison can be applied in other areas of law where similarity or infringement is at issue. However, its specific application may vary depending on the legal context.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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