Starcast Join the waitlist
New York City Bar Association Podcast

New York City Bar Association Podcast

The Server Test and Substantial Similarity: Assessing the Second and Ninth Circuit’s Divergent Approaches to Copyright Law

Jun 4, 2026 · 48m

Coming soon to iPhone. Already have it? “Listen in Starcast” takes you straight there.

On this episode

About this episode

In this episode, a panel of legal experts discusses the different approaches taken by the Second and Ninth Circuits on two key areas of copyright law: substantial similarity and the Server Test. Presented by the New York City Bar Association’s Copyright & Literary Property and Entertainment Law Committees, the panel explores recent and emerging case law and the Second and Ninth Circuits’ divergent approaches to analyzing substantial similarity, a key element of copyright infringement, as well as the ongoing debate surrounding the Server Test, which addresses whether the posting of online content constitutes a “display” within the meaning of the Copyright Act. Moderated by Dwayne Amos,…