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In an infringement action, in order to prove that the defendant had access to see or hear the original work, the plaintiff: Must have actual,
In an infringement action, in order to prove that the defendant had access to see or hear the original work, the plaintiff:
Must have actual, tangible proof of the taking, such as a video catching the defendant in the act or an eyewitness testimony.
Must get the defendant to admit access.
Need not show anything if the work was widely available and broadcast to the public because access will be presumed.
Need not show anything because access is presumed even if the work is unpublished.
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