What are the three elements required to prove copyright infringement?

To establish copyright infringement, the law requires proof of three specific elements: originality, probable access by the infringer, and substantial similarity between the original work and the allegedly infringing work.

Originality is a foundational requirement, as it confirms that the work in question is an original creation, meaning it displays a minimal level of creativity and is independently created rather than copied. This element is crucial because copyright only protects works that possess this originality.

Probable access pertains to the ability of the alleged infringer to have had access to the original work. This means that there must be a reasonable likelihood that the infringer had the opportunity to view or copy the original work. This connection is necessary to establish that the infringer could have copied the work at some point.

Substantial similarity is the final element required to prove infringement. This involves comparing the two works to determine if the allegedly infringing work is substantially similar to the original work in expression, even if the ideas behind them are not identical. This is assessed through the eyes of an ordinary person, not requiring expert analysis, and serves to demonstrate that the infringing work likely borrowed from the original work in a meaningful way.

In summary, these three elements—originality, probable access, and substantial similarity—