When two works are stylistically similar, that is part of the bigger question of whether the later work is “substantially similar” to the former — but it is only part. Under copyright law, a secondary work does not need to be a verbatim or identical copy to constitute copyright infringement. Instead, the secondary work only needs to be “substantially similar” to infringe on the first. While substantial similarity is
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, we know that two works have to be both
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for one to infringe on the other. Stylistic similarity can be part of these questions — are there objectively similar elements of the two works, more than standard elements that belong to a particular genre, and would an ordinary person think they are similar? — but it cannot be determinative of “substantial similarity” by itself.
Style and artistic expression are certainly linked, but they are not the same thing. In some instances, mimicking an artist’s style may constitute copyright infringement, but when this is true will necessarily require a case-by-case analysis.
