Legal Definitions - comprehensive nonliteral similarity

Comprehensive nonliteral similarity refers to a significant resemblance between two creative works that goes beyond mere coincidence, even if there isn't a direct, word-for-word, or image-for-image copy. It means that the fundamental underlying structure, themes, plot progression, mood, or overall "total concept and feel" of the works are substantially similar, even if the specific expressions or details used to convey them are different. This concept is particularly important in copyright law to determine if one work has infringed upon another, even without exact duplication.

Here are some examples to illustrate this concept:

• Film Plot and Structure

  Imagine a popular science fiction film where a young, orphaned protagonist discovers they possess extraordinary abilities, is mentored by a wise, enigmatic figure, gathers a diverse team of allies, and embarks on a perilous journey to defeat a powerful, tyrannical empire led by a masked villain who is later revealed to be a close relative. A few years later, a new fantasy film is released. While it features different character names, unique magical creatures, and distinct visual settings, its core narrative arc involves a young, parentless hero discovering latent magical powers, being guided by an ancient sorcerer, assembling a fellowship, and undertaking a quest to overthrow an oppressive kingdom ruled by a dark lord who turns out to be their estranged parent.

  In this scenario, the comprehensive nonliteral similarity lies not in the specific dialogue, visual effects, or character designs, but in the striking resemblance of the overarching plot structure, the archetypal character roles (orphaned hero, wise mentor, diverse allies, masked tyrannical relative), the thematic elements (destiny, good vs. evil, family conflict), and the overall narrative progression. The "total concept and feel" of the stories are substantially alike, despite superficial differences.

• Software User Interface (UI) and Workflow

  Consider a highly successful mobile application designed for creating short video clips, which guides users through a unique, multi-step process: first, selecting a background music track; second, recording several short video segments; third, applying a specific set of visual filters and transitions; and finally, sharing the compiled video to social media. A new competitor launches an app with a completely different color scheme, unique icons, and distinct branding. However, the new app's user interface presents an almost identical sequence of steps for video creation: users are prompted to choose music first, then record clips, then apply a similar range of filters and transitions, and finally share the video. The arrangement of buttons, the navigation flow, and the overall user experience for completing the task feel remarkably similar.

  Here, the comprehensive nonliteral similarity isn't about copying the app's visual assets or underlying code directly. Instead, it refers to the substantial resemblance in the unique user workflow, the logical progression of tasks, the arrangement of functional elements, and the overall "look and feel" of how a user interacts with the software to achieve the same creative outcome.

• Architectural Design and Spatial Organization

  An architect designs a groundbreaking public library featuring a distinctive internal layout: a central, multi-story open atrium serving as a community hub, surrounded by reading rooms arranged in a specific concentric pattern, with natural light filtering through strategically placed skylights that illuminate specific study zones, and a unique, winding ramp system connecting all floors. Years later, another architect designs a new university student center in a different city. While the exterior facade, construction materials, and decorative elements are distinct, the internal design features a strikingly similar central atrium acting as a social core, reading and study areas organized in a comparable concentric layout, a similar strategy for natural light through skylights, and an almost identical winding ramp system for vertical circulation. The overall experience of moving through and using the space feels remarkably alike.

  In this instance, the comprehensive nonliteral similarity lies not in the exact appearance of the buildings or the materials used, but in the fundamental, unique architectural concept. This includes the innovative spatial organization, the strategic use of light and circulation patterns, and the overall "architectural language" that dictates how occupants experience and interact with the space, which is substantially similar in both designs.