substantial similarity

USAGE SUMMARY

"substantial similarity" is correct and usable in written English.
You can use it to describe a situation in which two similar things exist, such as when two pieces of artwork have strong visual elements in common. For example, "There is a substantial similarity between the latest painting by the artist and one of his earlier works."

✓ Grammatically correct

Science

News & Media

Wiki

Human-verified examples from authoritative sources

Exact Expressions

59 human-written examples

The judge also pointed in particular to the "substantial similarity" of the two songs' "signature phrases, hooks, basslines, keyboard chords, harmonic structures and vocal melodies".

The Guardian - Music

"Because Plaintiff admits that the casual observer cannot identify Plaintiff's musical compositions and sound recordings … there can be no substantial similarity," wrote the Beasties' team.

The Guardian - Music

Schiffman claims that the resemblance between her photograph and the new image is too close — the legal term is "substantial similarity" — and she is suing for copyright infringement.

The New Yorker

The most substantial similarity lies in the response to these revelations: shock among white observers, little more than a raised eyebrow among many black ones.

The New Yorker

The rappers deny there is any "substantial similarity" between the tracks on Licensed to Ill and Paul's Boutique and the songs they sampled by the go-go band Trouble Funk.

The Guardian - Music

Spirit's representative "failed to proffer evidence of striking similarity, but he has successfully created a triable issue of fact as to access and substantial similarity," US district court judge Gary Klausner said in a ruling in May.

The Guardian - Music

But the judge said a jury could find "substantial" similarity between the first two minutes of Stairway to Heaven and Taurus, which he called "arguably the most recognizable and important segments" of the songs.

The Guardian - Music

But the US judge Gary Klausner ruled that a jury could find "substantial" similarity between the first two minutes of Stairway to Heaven and Taurus, which he called "arguably the most recognisable and important segments" of the songs.

The Guardian - Music

In September, District Judge Robert P. Patterson Jr. in New York ordered Mr. Vander Ark and his publisher, RDR Books, to halt publication, ruling there was "substantial similarity between the Lexicon and Rowling's novels".

The New York Times

Judge George B. Daniels of Federal District Court in Manhattan wrote in the decision, dated Thursday and released yesterday, that "there is no substantial similarity" between "The Da Vinci Code" and Mr. Perdue's books "Daughter of God" and "The Da Vinci Legacy".

The New York Times

"Plaintiffs have shown that the lexicon copies a sufficient quantity of the Harry Potter series to support a finding of substantial similarity between the Lexicon and Rowling's novels," Judge Robert P. Patterson Jr. of Federal District Court in Manhattan wrote in his 68-page ruling blocking publication of a Harry Potter Lexicon written by Steven Jan Vander Ark.

The New York Times

Expert writing Tips

Best practice

When discussing legal matters, use "substantial similarity" to indicate a significant degree of overlap that could suggest copyright infringement or plagiarism.

Common error

Avoid using "substantial similarity" in casual conversation. Opt for simpler terms like "strong resemblance" or "noticeable likeness" to maintain a natural tone.

Linguistic Context

The phrase "substantial similarity" primarily functions as a noun phrase modifier, where 'substantial' modifies the noun 'similarity'. Ludwig provides examples where it's used to describe likeness between different entities, such as songs, photographs, or even genetic structures. Ludwig AI confirms its usability.

Expression frequency: Common

Frequent in

Science

64%

News & Media

32%

Wiki

4%

Less common in

Formal & Business

0%

Encyclopedias

0%

Reference

0%

Ludwig's WRAP-UP

In summary, "substantial similarity" is a grammatically sound and frequently used phrase, particularly in scientific and legal contexts, to denote a significant degree of resemblance. Ludwig AI confirms its correct usage in written English. When aiming for formal or technical writing, it's suitable, but simpler alternatives may be preferable in casual settings. Recognizing its role in legal contexts, such as copyright law, is crucial. Ludwig's analysis shows it's prevalent in Science and News & Media categories.

More alternative expressions

Phrases that express similar concepts, ordered by semantic similarity:

significant resemblance

Emphasizes the importance of the similarity.

considerable likeness

Highlights the extent of the similarity.

marked resemblance

Focuses on the noticeable aspect of the similarity.

notable correspondence

Implies a connection or agreement between the items being compared.

pronounced similarity

Suggests the similarity is very obvious or distinct.

appreciable resemblance

Indicates that the similarity is large enough to be perceived or measured.

close parallel

Suggests a very direct and almost identical similarity.

strong analogy

Highlights a similarity in some respects between things that are otherwise dissimilar.

striking similarity

Emphasizes the unexpected or remarkable nature of the similarity.

evident likeness

Indicates a similarity that is easily seen or understood.

FAQs

How is "substantial similarity" used in copyright law?

In copyright law, "substantial similarity" is a key factor in determining infringement. It assesses whether an average person would recognize the alleged copy as having been appropriated from the copyrighted work. Intent is not a factor; the focus is on the degree of resemblance.

What are some alternatives to "substantial similarity"?

You can use alternatives like "significant resemblance", "considerable likeness", or "marked resemblance" depending on the context.

Is there a difference between "substantial similarity" and "striking similarity"?

"Substantial similarity" implies a considerable degree of resemblance, while "striking similarity" suggests the resemblance is so close that independent creation is unlikely. "Striking similarity" is often used as evidence of access and copying in copyright cases.

How can I determine if there's "substantial similarity" between two things?

Determining "substantial similarity" often involves expert analysis, especially in complex fields like music or software. Generally, it requires evaluating whether the key elements are similar enough that one could be derived from the other, considering both qualitative and quantitative aspects.