PromptA songwriter hears a hit pop song on the radio and later writes a new song with a strikingly similar melody. The original artist sues for copyright infringement. To establish copying, what must the original artist demonstrate?
Click to flip AnswerThe plaintiff must prove both factual copying and actionable copying. Factual copying is shown by evidence of access to the copyrighted work and probative similarity (a striking similarity may permit an inference of copying even without proof of access). Actionable copying requires substantial similarity between the protected expressive elements of the works, not mere ideas.
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