Which is not an element of a copyright infringement claim?

Which is not an element of a copyright infringement claim?

• A. Copying the original work
• B. Substantial similarity
• C. Intent to steal the original work
• D. Access to the work

Answer: (C)

Intent to steal is not required for copyright infringement. Infringement focuses on whether protectable expression was copied and whether the defendant had access to the work, along with evidence of substantial similarity. You can infringe even without intending to steal—the act of copying protected material is what matters. Copying the original work shows that the material was reproduced; substantial similarity is the standard by which courts determine whether the copied material is close enough to be considered infringing; and access shows the defendant had the opportunity to copy the work. Because intent isn’t a required element, this option is the best choice for what is not an element of a copyright infringement claim.

Intent to steal is not required for copyright infringement. Infringement focuses on whether protectable expression was copied and whether the defendant had access to the work, along with evidence of substantial similarity. You can infringe even without intending to steal—the act of copying protected material is what matters. Copying the original work shows that the material was reproduced; substantial similarity is the standard by which courts determine whether the copied material is close enough to be considered infringing; and access shows the defendant had the opportunity to copy the work. Because intent isn’t a required element, this option is the best choice for what is not an element of a copyright infringement claim.