Copyright — Defense— - Independent Creation is a legal defense available to those accused of copyright infringement. It is a type of defense based on the idea that the alleged infringed created the work independently of the copyright holder, and thus did not infringe upon the copyright holder’s rights. This defense is also known as “independent derivation” or “independent invention”. When a defendant attempts to establish an independent creation defense, they are essentially arguing that their work was created without access to or knowledge of the copyright holder’s work. In order to successfully prove this defense, the defendant must demonstrate that their work involved independent thought and effort, and that the two works are not substantially similar. There are two different types of Independent Creation defenses. The first is an absolute defense, which essentially means that the defendant has proven that their work is completely unrelated to the copyright holder’s work. This type of defense is difficult to prove, as it requires a strong showing of independent creation and lack of substantial similarity. The second type of defense is a fair use defense, which allows the defendant to use a copyrighted work without the permission of the copyright holder, as long as the use is considered “fair.” This type of defense requires the defendant to demonstrate that their use of the work was for a limited and transformative purpose, such as for educational or research purposes, and that their use did not interfere with the copyright holder’s ability to profit from the work.