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This is copyright, not patent or registered mark. Copyright, by definition, restricts redistribution and copying, not independent recreation.
by anticensor 7y ago
This is copyright, not patent or registered mark. Copyright, by definition, restricts redistribution and copying, not independent recreation.
- 93po 7y agoHow does one prove independent recreation? It seems virtually impossible.
- anticensor 7y agoSimple: You do not presume guilt, hence independent recreation is the default assumption and it is copying/redistribution which needs to be proven.
- pbhjpbhj 7y agoCopyright is a tort, the usual measure of proof is "balance of probabilities", you don't have to prove it, the plaintiff has to show that on balance the most likely truth is that the defendant copied. Keeping workshop notes, early revisions; getting works notarised; defensive publication; et cetera -- these are all means people use to guard against false allegations of tortuous infringement.