Intellectual Property Law · claim
Copyright infringement is the unauthorized use of a copyrighted work, including reproduction, distribution, performance, or display. To establish infringement, a plaintiff must prove ownership of the copyright and unauthorized use by the defendant.
The plaintiff must show that they own the copyright for the work in question, and that the work is protected under copyright law.
What to prove: Plaintiffs must provide evidence of registration with the U.S. Copyright Office or demonstrate that the work is an original creation fixed in a tangible medium of expression.
The plaintiff must prove that the defendant copied the work or had access to it and that the work is substantially similar.
What to prove: This can be shown through direct evidence of copying or circumstantial evidence such as substantial similarity between the two works.
The plaintiff must show that the defendant's use of the work was unauthorized.
What to prove: This requires proof that the defendant used the work without obtaining permission from the copyright owner or any applicable license.
The plaintiff bears the burden of proof, and the standard is a preponderance of the evidence.
Copyright infringement often appears on exams in the context of fact patterns requiring analysis of the elements. Pay close attention to ownership and evidence of copying.