Internationaler Gewerblicher Rechtsschutz und Urheberrecht II
6.3 - Evidence for infringement
| The US courts have developed some special rules of evidence for copyright infringements. Most notably is the distinction between direct evidence of the infringement and the circumstantial evidence. Direct evidence is often hard to prove; it is possible by mistakes transferred from the original to the copy. More often infringements can only be proved by circumstantial evidence. The courts normally prove whether (1) the presumed infringer had access to the work and (2) there is similarity between original and copy. This similarity has to be in substantial parts of the original. |
CategoryInternatUrheberrecht
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