Proof Of Copyright InfringementCopyright laws confer exclusive rights to copyright holders to prevent others from using their works without some written permission in the form of license or assignment. In a copyright infringement case, the copyright holder bears the burden of proof. Copyright holders must persuade the trier of fact that there has been copying and an unlawful appropriation of their copyrighted work. The copyright holder is not required to prove the violator’s mental intent or association to present its infringement case.
How is the infringement of the copyright proven; does mere access to a copyrighted work prove copying element; are only the copyrightable elements examined or is the infringing work considered as a whole to prove the unlawful misappropriation? These and other questions are unraveled in this article.
The following questions have been addressed in this article:How is infringement of the copyright proven?
Does mere access to a copyrighted work prove the copying element of the infringement?
Are only the copyrightable elements examined or is the infringing work considered as a whole to prove the unlawful misappropriation?
How is the similarity factor measured?