What must a copyright owner demonstrate to prove infringement?

To prove copyright infringement, a copyright owner must demonstrate three key elements: originality of the work, probable access by the alleged infringer to the copyrighted work, and substantial similarity between the two works in question.

Originality refers to the requirement that the work must be an original creation of the author, possessing at least a minimal degree of creativity. It must not simply be a copy of another's work. Probable access means that the alleged infringer had the opportunity to see or hear the original work, which helps establish that they could have copied it. Substantial similarity is the assessment of whether the two works are closely aligned enough that an ordinary person would recognize the second as having been taken from the first.

The other options do not comprehensively address the requirements for proving infringement. While registration can facilitate enforcement, it is not a necessary condition for proving infringement. A written agreement with the infringer may relate to the distribution or use of a copyrighted work but is not a prerequisite for proving an infringement claim. Similarly, public awareness, while beneficial in some contexts, does not serve as a fundamental component of proving that an infringement occurred. Thus, the elements of originality, probable access, and substantial similarity are essential for the copyright owner to successfully establish a claim