The claim requires ownership of a valid copyright and copying of protected expression. Copying is shown through access and substantial similarity or through direct evidence.
Registration is a prerequisite to suit for domestic works.
Alternative Names:
Copyright Infringement Claim|Infringement (Copyright)
Why it Matters?
Protectable expression rather than ideas is what the claim reaches, which means filtering unprotectable elements including facts, ideas, scenes a faire, and merger doctrine material before comparing works is the analytical requirement. Independent creation is a complete defense that access evidence addresses. Registration timing also determines whether statutory damages and fees are available, which frequently exceeds actual damages.
Frequently Confused with
Related terms
Frequently asked questions
What must be filtered before comparison?
Why does registration timing matter?
