DEFENSES TO COPYRIGHT INFRINGEMENT CLAIM

The following factors should be established for a copyright infringement: (i) the work claimed to be infringed is the subject matter of copyright (copyrightability); (ii) the infringing work should have been created with access to the copyrighted work (dependence); and (iii) the copyrighted work and the infringing work is substantially similar (substantial similarity). Therefore, the party opposing to a copyright infringement claim always challenges to dismiss the case by arguing that all or any of the above elements for copyright infringement are not established.

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It is also crucial for the defendant to check thoroughly whether the use of the work constitutes any of the aforementioned situations where economic rights could be limited under the principle of public domain.