Richard wrote a song called "College Days." He copyrighted the composition and had it professionally printed.A couple years later,he was attending a business meeting about 1,500 miles from his home.While sitting in a nightclub,he heard a small local band perform a song called "College Memories." The music and words were extremely similar to his song.The composer of "College Memories" claims he never heard of Richard's song and that she is offended he would accuse her of stealing his work.If Richard wishes to sue for copyright infringement,he must prove
A)only that his song and the infringer's song are substantially the same.
B)that his work was original and the infringer actually copied his work,or that the infringer had access to his song and that the two works are substantially the same.
C)that he sustained money damages as a result of the infringement.
D)that he registered the song for a copyright.

Question

Quizplus · Accepted Answer

In order to sue for copyright infringement, Richard must prove that his work was original and that the infringer either copied his work or had access to it, and that the two works are substantially similar. It is not necessary for him to prove that he sustained money damages as a result of the infringement or that he registered the song for a copyright (although registration does provide additional legal protection and benefits). Choice A is incorrect because proving substantial similarity is not enough on its own to prove copyright infringement.

Richard Wrote a Song Called "College Days