Lorin is a very funny amateur comedian. Although he never writes down or reuses his jokes, he has become well$-$known around town for telling spontaneously created $$knock$-$knock$$ jokes to anyone who will listen. Recently, while Lorin was telling one of his original jokes to the barista at Starbucks, another customer named Sally overheard the joke, wrote it down, and later sold a bestselling book containing Lorin$$s joke.

Upon reading Sally$$s book months later, Lorin filed a copyright infringement lawsuit against Sally, alleging that she stole his joke. During the process of discovery before trial, Sally gave a sworn deposition and admitted under oath that she overheard Lorin$$s joke and wrote it down word$-$for$-$word in her book.

Based on U$.$S$.$ copyright law, list the elements of a successful copyright infringement suit and Sally$$s best available defense$($s$),$ and assess whether Lorin is likely to prevail in his lawsuit against Sally for copyright infringement.