What is the test for whether a defendant has actually copied a copyrighted work?
MultiRegion, United States of America
The following excerpt is from Hamil America v. GFI, 193 F.3d 92 (2nd Cir. 1998):
The first part of this test addresses whether the defendant actually copied the work. Actual copying may be shown by direct or indirect evidence; indirect evidence of copying includes proof that the defendants had access to the copyrighted work and similarities that are probative of copying between the works. See Repp v. Webber, 132 F.3d 882, 889 (2d Cir. 1997).
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