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Simple English definitions for legal terms

independent creation

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A quick definition of independent creation:

Independent creation: When someone creates something without copying or being influenced by someone else's work. This is a defense used in copyright cases to show that the later work is not a copy of the original, but rather a coincidence of similar ideas.

A more thorough explanation:

Definition: Independent creation is a defense used in copyright law. It means that a later work is not a copy or a derivative of an earlier work that is allegedly infringed. Instead, it is a product of coincidentally parallel labor.

Example: Let's say that two artists create a painting of a sunset. Artist A creates their painting in New York, while Artist B creates their painting in California. Both paintings are very similar, but Artist B has never seen Artist A's painting before. This is an example of independent creation because both artists created their paintings separately, without copying or deriving from each other's work.

Explanation: Independent creation is a defense used when someone is accused of copying or infringing on someone else's work. It means that the accused person created their work independently, without copying or deriving from the original work. The example of the two artists creating similar paintings independently illustrates this concept.

independent covenant | independent development

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