Copying may be shown through direct evidence or inferred from access plus probative similarity. Striking similarity may support an inference of copying without proof of access.
Independent creation is a complete defense.
Alternative Names:
Access|Proof of Copying
Why it Matters?
The inverse ratio rule permitting a lower similarity showing where access is strong has been rejected in several circuits including the Ninth, which eliminated an argument plaintiffs previously used to bootstrap weak similarity. Independent creation remains a complete defense, and documented development records showing the work's evolution are the evidence that establishes it. Widespread dissemination alone rarely proves access.
Frequently Confused with
Related terms
Frequently asked questions
What happened to the inverse ratio rule?
What establishes independent creation?
