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There's a lot of necessary legal analysis missing here, and independent creation of an idea plays no part in it. Copyright protects creative expressions (i.e.,
by otterley 5y ago
There's a lot of necessary legal analysis missing here, and independent creation of an idea plays no part in it. Copyright protects creative expressions (i.e., artistic works), not mere ideas.
I think what you’re trying to say is that independent creation would be a basis to deny a prima facie copyright infringement claim: there is no infringement because no copy has occurred. But that’s a different thing than an affirmative defense. A defense is something you raise after admitting the truth of the claim: you’re basically saying, “yes, I did it, but I’m justified because XYZ.”