Path to proving copyright infringement

1. © 2015 The Primacy Firm PLLC
OWNERSHIP
Must prove that you are the
owner of the work that is
infringed.
How do you prove ACCESS?
The Path to Proving
COPYRIGHT
INFRINGEMENT
ACCESS
How do you prove ACCESS by
CIRCUMSTANTIAL Evidence?
….. OR ….
….. OR ….
COPYING
Must prove that there was an
unauthorized copying of a
copyrighted work
Work was well
known and
widely
available to
the public
….. AND ….
….. OR ….Direct Evidence of ACCESS
(alleged infringer acknowledges that he
had access to the copyrighted work;
not the same as admitting that he
copied though)
Circumstantial Evidence of
ACCESS
….. AND ….
You must prove
How do you prove COPYING?
If the work was NOT registered
w/in 5 years of initial publication,
plaintiff will have to offer some
other type of proof of ownership,
such as testimony
If the work was registered w/in 5
years of initial publication, court
will presume that the information
contained in the copyright
registration is valid.
….. OR ….
How do you prove OWNERSHIP?
SUBSTANTIAL SIMILARITY
No bright line / # of notes / # of bar
Imprecise concept—substantial is not
defined in the Copyright Act, thus apply
the “Ordinary Observer” or lay listener
test
Either or both parties may hire an
expert witness / musicologist
Work was available to
the alleged infringer
(Proven through
testimony)
Direct Evidence of
COPYING
The alleged infringer
acknowledges that he or she
copied the work
How do you prove COPYING by
CIRCUMSTANTIAL Evidence?
Circumstantial Evidence of
COPYING