WELCKER

v.

UNITED STATES

Citator

Cited By (21 total)

• Herzog v. Castle Rock Ent., 193 F.3d 1241 (11th Cir. 1999)
  …vision, 16 F. 3d 1042 (9th Cir.1994) (insufficient similarity where both screenplays featured individuals using scientific formulas which shrink people to miniscule proportions); Berkic v. Crichton, 761 F. 2d 1289, 1293 (9th Cir.1985), cert. denied, 474 U.S. 826, 106 S.Ct. 85, 88 L.Ed.2d 69 (1985) (insufficient similarity where both works were about young professionals investigating and exposing criminal organizations’ schemes to murder young adults to remove and sell their organs); Warner Bros. Inc. v. Am…
• Hartman v. Hallmark Cards, 833 F.2d 117 (8th Cir. 1987)
  …riate if the works are so dissimilar that “reasonable minds could not differ as to the absence of substantial similarity in expression.” Litchfield, 736 F. 2d at 1355-56; see also Berkic v. Crichton, 761 F. 2d 1289, 1292-93 (9th Cir.), cert. denied, 474 U.S. 826, 106 S.Ct. 85, 88 L.Ed.2d 69 (1985). Infringement of expression occurs only when the total concept and feel of the works in question are [*121] substantially similar. Baxter, 812 F. 2d at 424. After reviewing the district court’s comprehensive opi…
• Smith v. Bd. OF Sch. Comm'rs OF Mobile Cnty., 827 F.2d 684 (11th Cir. 1987)
  …ning, distinctions must be drawn to recognize not simply ‘religious' and 'anti-religious' but 'non-religious’ governmental activity as well." Grove v. Mead School Dist. No. 354, 753 F. 2d 1528, 1536 (9th Cir.), (Canby, J., concurring), cert. denied, 474 U.S. 826, 106 S.Ct. 85, 88 L.Ed.2d 70 (1985). . Indeed, given the diversity of religious views in this country, if the standard were merely inconsistency with the beliefs of a particular religion there would be very little that could be taught in the public…