Formalizing Human Ingenuity: A Quantitative Framework for Copyright Law's Substantial Similarity
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Abstract (arXiv)
A central notion in U.S. copyright law is judging the substantial similarity between an original and an (allegedly) derived work. Capturing this notion has proven elusive, and the many approaches offered by case law and legal scholarship are often ill-defined, contradictory, or internally-inconsistent. This work suggests that key parts of the substantial-similarity puzzle are amendable to modeling inspired by theoretical computer science. Our proposed framework quantitatively evaluates how much "novelty" is needed to produce the derived work with access to the original work, versus reproducing it without access to the copyrighted elements of the original work. "Novelty" is captured by a computational notion of description length, in the spirit of Kolmogorov-Levin complexity, which is robust to mechanical transformations and availability of contextual information. This results in an actionable framework that could be used by courts as an aid for deciding substantial similarity. We evaluate it on several pivotal cases in copyright law and observe that the results are consistent with the rulings, and are philosophically aligned with the abstraction-filtration-comparison test of Altai.
Key facts. Cited by 15 papers in the map (data through 7 Oct 2026). First posted on arXiv 2 Jun 2022.
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Citing papers per year: 2023: 5; 2024: 7; 2025: 3.
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- 2023Foundation Models and Fair Usecited by 112
- 2023On Provable Copyright Protection for Generative Modelscited by 97
- 2023Can Copyright be Reduced to Privacy?cited by 24
- 2023CommonCanvas: An Open Diffusion Model Trained with Creative-Commons Imagescited by 15
- 2024LiCoEval: Evaluating LLMs on License Compliance in Code Generationcited by 13
- 2024Not All Similarities Are Created Equal: Leveraging Data-Driven Biases to Inform GenAI Copyright Disputescited by 10
- 2024Tackling Copyright Issues in AI Image Generation Through Originality Estimation and Genericizationcited by 6
- 2023VA3: Virtually Assured Amplification Attack on Probabilistic Copyright Protection for Text-to-Image Generative Modelscited by 5
- 2024Not Every Image is Worth a Thousand Words: Quantifying Originality in Stable Diffusioncited by 4
- 2024Credit Attribution and Stable Compressioncited by 3
- 2024Randomization Techniques to Mitigate the Risk of Copyright Infringementcited by 1
- 2024Inner-Probe: Discovering Copyright-related Data Generation in LLM Architecturecited by 1
- 2025Reconstructing Template-Memorized Images from Natural Prompts10 Jul 2025
- 2025Blameless Users in a Clean Room: Defining Copyright Protection for Generative Models23 Jun 2025
- 2025Interrogating LLM design under a fair learning doctrine22 Feb 2025
- 2024Inner-Probe: Discovering Copyright-related Data Generation in LLM Architecture6 Oct 2024
- 2024Randomization Techniques to Mitigate the Risk of Copyright Infringement21 Aug 2024
- 2024Not Every Image is Worth a Thousand Words: Quantifying Originality in Stable Diffusion15 Aug 2024
- 2024LiCoEval: Evaluating LLMs on License Compliance in Code Generation5 Aug 2024
- 2024Credit Attribution and Stable Compression22 Jun 2024
- 2024Tackling Copyright Issues in AI Image Generation Through Originality Estimation and Genericization5 Jun 2024
- 2024Not All Similarities Are Created Equal: Leveraging Data-Driven Biases to Inform GenAI Copyright Disputes26 Mar 2024
- 2023VA3: Virtually Assured Amplification Attack on Probabilistic Copyright Protection for Text-to-Image Generative Models29 Nov 2023
- 2023CommonCanvas: An Open Diffusion Model Trained with Creative-Commons Images25 Oct 2023
3 more
- 2023Can Copyright be Reduced to Privacy?24 May 2023
- 2023Foundation Models and Fair Use28 Mar 2023
- 2023On Provable Copyright Protection for Generative Models21 Feb 2023
- 2023Foundation Models and Fair Usecited by 112
- 2023On Provable Copyright Protection for Generative Modelscited by 97
- 2023Can Copyright be Reduced to Privacy?cited by 24
- 2024LiCoEval: Evaluating LLMs on License Compliance in Code Generationcited by 13
- 2024Not All Similarities Are Created Equal: Leveraging Data-Driven Biases to Inform GenAI Copyright Disputescited by 10
- 2024Tackling Copyright Issues in AI Image Generation Through Originality Estimation and Genericizationcited by 6
- 2023VA3: Virtually Assured Amplification Attack on Probabilistic Copyright Protection for Text-to-Image Generative Modelscited by 5
- 2024Credit Attribution and Stable Compressioncited by 3
- 2024Randomization Techniques to Mitigate the Risk of Copyright Infringementcited by 1
- 2024Inner-Probe: Discovering Copyright-related Data Generation in LLM Architecturecited by 1
- 2025Interrogating LLM design under a fair learning doctrinecited by 1
- 2025Blameless Users in a Clean Room: Defining Copyright Protection for Generative Modelscited by 1
- 2025Blameless Users in a Clean Room: Defining Copyright Protection for Generative Models23 Jun 2025
- 2025Interrogating LLM design under a fair learning doctrine22 Feb 2025
- 2024Inner-Probe: Discovering Copyright-related Data Generation in LLM Architecture6 Oct 2024
- 2024Randomization Techniques to Mitigate the Risk of Copyright Infringement21 Aug 2024
- 2024LiCoEval: Evaluating LLMs on License Compliance in Code Generation5 Aug 2024
- 2024Credit Attribution and Stable Compression22 Jun 2024
- 2024Tackling Copyright Issues in AI Image Generation Through Originality Estimation and Genericization5 Jun 2024
- 2024Not All Similarities Are Created Equal: Leveraging Data-Driven Biases to Inform GenAI Copyright Disputes26 Mar 2024
- 2023VA3: Virtually Assured Amplification Attack on Probabilistic Copyright Protection for Text-to-Image Generative Models29 Nov 2023
- 2023Can Copyright be Reduced to Privacy?24 May 2023
- 2023Foundation Models and Fair Use28 Mar 2023
- 2023On Provable Copyright Protection for Generative Models21 Feb 2023