FRANK D. TAFF, J.D., Attorney at Law - 3601 SW 29th Street, Topeka, Kansas 66614
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COPYRIGHT INFRINGEMENT--HOW TO PROVE IT?

The owner of a copyright has the exclusive right to perform or authorize others to perform the copyrighted work. 17 U.S.C. § 106.

In order to establish a copyright infringement, the plaintiff must prove the following five elements:

(1) originality and authorship of the copyrighted works involved;
(2) compliance with the formalities of the Copyright Act;
(3) proprietary rights in the copyrighted works involved;
(4) public performance of the compositions involved; and
(5) lack of authorization for public performance.

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