17.18 Copyright Infringement-Copying-Access Defined
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FAQ
In order to bring a copyright infringement claim, the plaintiff must prove that they hold the copyright interest through creation, assignment, or license. The plaintiff must also plead that the complaint is of an unlawful copy of the original element of the copyrighted work.
There are two types of infringement: primary and secondary. A primary infringement involves a direct infringement by the defendant. Secondary infringement happens if someone facilitates another person or group in infringing on a copyright.
The three basic elements of copyright: originality, creativity, and fixation. There are three basic elements that a work must possess in order to be protected by copyright in the US: Originality: To get a copyright, a work must be the original work of the author.
At 361 (?To establish infringement, two elements must be proven: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.?); see also Seven Arts Filmed Entm't Ltd. v. Content Media Corp., 733 F.
To prove copyright infringement, the plaintiff must show (1) that the defendant had access to the plaintiff's work and (2) that the defendant's work is substantially similar to protected aspects of the plaintiff's work.
Access can be established by way of circumstantial evidence. A court will consider either: (1) a particular chain of events that establishes a link between the plaintiff's work and the defendant's access (e.g., dealings with a movie studio or record label), or (2) that the plaintiff's work has been widely disseminated.
