In this copyright infringement case, the plaintiff claimed copyright protection of a factual compilation – specifically, the selection, order, and arrangement of information about yachts listed for sale – vis a vis the defendants’ competing factual compilation, which came onto the scene after the plaintiff had obtained certificates of copyright registration. The case was tried to a jury, which found for the plaintiff. The defendants now appeal.1 They raise several issues, among them whether the court erred in instructing the jury that it could find copyright infringement if there were “substantial similarities” between the original elements of the plaintiff’s compilation and corresponding elements of the defendants’ compilation. According to the defendants, the court should have required the plaintiff to prove that the allegedly infringing elements were “virtually identical” to the plaintiff’s original elements.
We find no error in the district court’s “substantial similarities” instructions or in any of the other issues the defendants raise. We therefore affirm the district court’s judgment.