The following excerpt is from Ostrowski v. Creative Artists Agency, Inc., 34 F.3d 1073 (9th Cir. 1994):
To prove copyright infringement, a plaintiff must demonstrate ownership of the allegedly infringed work and that the defendant copied the protected elements of the work. Pasillas v. McDonald's Corp., 927 F.2d 440, 442 (9th Cir.1991). "Because direct copying is difficult to prove, a plaintiff can satisfy the second element by demonstrating that (a) the defendant had access to the allegedly infringed work and (b) the two works are substantially similar in both idea and expression of that idea." 1 Id.
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