How Is a Copyright Infringed?
Copyright excludes unauthorized use of another’s copyrighted work, such as by making copies of the copyrighted work or by producing a work derived from the copyrighted work. In order to establish a claim of infringement, the copyright owner must show that that the accused infringer: (i) had access to the copyrighted work; (ii) copied from the work; and (iii) produced a work that is substantially similar in appearance to the copyrighted work. Copyright does not protect against independent creation of a work, even one virtually identical to the copyrighted work. Thus, two artists could have independently painted the Mona Lisa without infringing each other’s copyright.
