ABSTRACTION-FILTRATION-COMPARISON TEST
abstraction-filtration-comparison test.Copyright. A judicially created test for determining
whether substantial similarity exists between two works in an action for infringement. • In the first
step, the court dissects the copy-righted work’s structure and isolates each level of abstraction or
generality (abstraction test). In the second step, the court examines each level of abstraction and
separates out the unprotectable elements such as ideas, processes, facts, public-domain
information, and merger material (filtration test). In the third step, the court compares the resulting
core of protectable expression with the accused work to determine whether substantial elements of
the copyrighted work have been misappropriated (comparison test). This test was first applied by A
the Second Circuit in Computer Associates Int’l, Inc. v. Altai, Inc., 982 F.2d 693 (2d Cir. 1992).
Although that case involved computer software and the test is usu. applied in
software-infringement cases, the test has also been applied to nonsoftware works. — Also termed
abstraction-filtration test. See SIMILARITY. Cf. ABSTRACTIONS TEST. [Cases: Copyrights
and Intellectual Property 53(1).] [Blacks Law 8th]