Attorney Steve® Copyright Law Essentials - What does it take to prove copyright infringement?
To state a claim for copyright infringement, Plaintiffs must allege “(1) ownership of a valid copyright, and (2) copying constituent elements of the work that are original.” Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361 (1991).
“Copying may be established by showing that the infringer had access to plaintiff's copyrighted work and that the works at issue are substantially similar in their protected elements.” Cavalier v. Random House, Inc., 297 F.3d 815, 822 (9th Cir. 2002). “To allege access, the plaintiff must allege facts suggesting a ‘reasonable opportunity' or ‘reasonable possibility of viewing plaintiff's work.” Jordan-Benel v. Universal City Studios, Inc., 2015 WL 3888149, at *10 (C.D. Cal. June 24, 2015) (citing Three Boys Music Corp. v. Bolton, 212 F.3d 477, 482 (9th Cir. 2000)).
A Plaintiff must allege what specific elements of its website were copied and how, rather than leave the Court and Defendants guessing. See id.; see also Fusion Windows and Doors, Inc. v. Am. Reliable Windows, Inc., 2013 WL 12126108, at *3 (C.D. Cal. July 12, 2013)