What factors will the court consider in determining whether an artist's work constitutes copyright infringement?

1. Similarity of the works: The court will consider how similar the allegedly infringing work is to the original work in terms of overall concept, theme, characters, and expression.

2. Access to the original work: The court will consider whether the alleged infringer had access to the original work before creating their own work.

3. Level of originality: The court will consider the level of creativity and originality in both the original work and the allegedly infringing work.

4. Purpose and character of the use: The court will consider whether the allegedly infringing work is a transformative use of the original work, such as a parody or commentary.

5. Market impact: The court will consider whether the allegedly infringing work competes with the original work in the marketplace and whether it has a negative impact on the original work's market value.

6. Intent: The court may consider whether the alleged infringer intentionally copied the original work or whether the similarities are coincidental.

7. Duration and extent of copying: The court will consider how much of the original work was copied and whether the copying was substantial or insubstantial.

8. Prior infringement: The court may consider whether the alleged infringer has a history of copyright infringement.

Overall, the court will consider all relevant factors to determine whether the allegedly infringing work constitutes copyright infringement.

Factors Considered in Determining Copyright Infringement:

1. Similarity:
- Substantial similarity between the original and allegedly infringing works in terms of content, expression, and overall design.

2. Access:
- The alleged infringer had access to the original work before creating the infringing work.

3. Copying:
- Evidence that the alleged infringer actually copied the original work or had it available to be copied.

4. Original Expression:
- The original work must contain original expression to be copyrightable. Ideas, concepts, and facts are not protected.

5. Unconscious Copying:
- The infringer may not have consciously intended to copy the original work but may have done so subconsciously.

6. De Minimis Use:
- Courts may consider whether the infringing use is minimal and does not significantly harm the copyright owner's rights.

7. Fair Use:
- Permissible use of copyrighted material for purposes such as criticism, comment, news reporting, or education, without the need for permission.

8. Transformative Use:
- When an alleged infringing work transforms the original work into a substantially new creation, it may not constitute infringement.

9. Parody:
- Uses of copyrighted material for humorous or satirical purposes may be excused from infringement.

10. Market Substitution:
- Whether the infringing work is likely to substitute for the original work in the marketplace and harm its commercial value.

11. Purpose and Character of the Use:
- Courts consider whether the infringing work is for a commercial or non-commercial purpose and whether it is educational or artistic in nature.

12. Effect on the Market for the Original Work:
- The actual or potential harm caused to the copyright owner's ability to exploit their work.