Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Franklin Mint Corp. v. Nat. Wildlife Art Exchg , 575 F. 2d 62 (3rd Cir 1978): The "copying" proscribed by copyright law, therefore, means more than tracing the original, line by line. To some extent it includes the appropriation of the artist's thought in creating his own form of expression. In Universal Athletic Sales Co. v. Salkeld, supra at 907, we observed: "To establish a copyright infringement, the holder must first prove that the defendant has copied the protected work and, second, that there is a substantial similarity between the two works. . . . Phrased in an alternative fashion, it must be shown that copying went so far as to constitute improper appropriation, the test being the response of the ordinary lay person." In that case, the district court had found copying but made no specific finding that would meet the second test—"that of substantial similarity in the sense of an appropriation of the original work." Copying which had been determined by dissection of the two works at issue was not sufficient, we said, because: "substantial similarity to show that the original work has been copied is not the same as substantial similarity to prove infringement. As the Arnstein case points out, dissection and expert testimony in the former setting are proper but are irrelevant when the issue turns to unlawful appropriation." Id.