What role does probability of access play in copyright infringement cases?

The probability of access plays a significant role in copyright infringement cases as it pertains to whether the alleged infringer had the opportunity to see or access the original copyrighted work. Establishing that the infringer had access to the work supports the argument that they could have potentially copied it. This is crucial because, for a claim of infringement to be valid, there must be evidence that the infringer had knowledge of or the ability to view the original work prior to creating a similar piece. If access is established, it strengthens the case for infringement, as it raises the likelihood that the similarities between the works were not coincidental but instead the result of copying. This focus on access helps juries and judges determine the likelihood of infringement based on the context in which the works were created and disseminated.