Copyright infringement means misusing someone\'s copyrighted material in an ille
ID: 373030 • Letter: C
Question
Copyright infringement means misusing someone's copyrighted material in an illegal manner. The consequence for copyright infringement differs depending on the nature of the illegal use. A copyright infringement action requires a plaintiff to prove:
1. Ownership of a valid copyright
2. Actionable copying by the defendant of constituent elements of the work that are original.
To ascertain ownership of a legitimate copyright a plaintiff must show that the material is "original," which in copyright jargon means that the work was created by the person responsible and it possesses at least some creativity. The plaintiff must exhibit fulfilment with the legal formalities, e.g. timely obtaining a registration.
To prove legally actionable copying, a plaintiff must prove that the defendant actually copy from the plaintiff's work and that the works, when evaluated as a whole, are satisfactorily alike to establish seizure.