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To establish a prima facie case of copyright infringement, a plaintiff must show (1) ownership of a valid copyright, and (2) violation by the alleged infringer of at least one of the exclusive rights granted to copyright owners by the Copyright Act.
The plaintiff in a copyright infringement lawsuit has the burden of proving two elements: that they own a copyright, and that the defendant infringed it. To establish ownership of a valid copyright, a plaintiff must demonstrate that the work is original, and that it is subject to legal protection.
There are three basic requirements for copyright protection: that which is to be protected must be a work of authorship; it must be original; and it must be fixed in a tangible medium of expression.
The purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes. the nature of the copyrighted work. the amount of the portion used in relation to the copyrighted work as a whole, and.
In order to prove copyright infringement, the plaintiff must:Establish the ownership of legitimate copyright.That the infringing party had access to the copyrighted work.That the infringing party had the opportunity to steal that work.Prove that protected elements of the original work have been copied.
The plaintiff in a copyright infringement lawsuit has the burden of proving two elements: that they own a copyright, and that the defendant infringed it. To establish ownership of a valid copyright, a plaintiff must demonstrate that the work is original, and that it is subject to legal protection.
To prove copyright infringement, a copyright holder must establish a valid copyright and that original material was used illegally. To prove a valid copyright, the plaintiff can produce a copyright certificate or other proof that establishes the date the copyrighted material was created.
The court stated: "The joinder of these parties as defendants proceeds upon the theory that infringement of a copyright is a tort, and that all per- sons concerned therein are jointly and severally liable. . . . It is estab- lished that one who prints an infringing work is an infringer. . . .