Copyright Infringement
Copyright infringement involves two basic elements: (1) ownership of a valid copyright; and (2) copying of original elements. See Rottlund Co. v. Pinnacle Corp., 452 F.3d 726 (8th Cir. 2006).
Copying is established by (1) direct evidence (which is rarely available); or (2) by showing the alleged infringer had access to the copyrighted materials and that substantial similarity of ideas and expression exist between the allegedly infringing materials and the copyrighted work. Id.
Similarity of ideas is evaluated extrinsically, focusing on the objective similarities of the works. Expert testimony may be introduced to establish similarity of ideas. Id. If the ideas are substantially similar, then similarity of expression is evaluated using an intrinsic test depending on the response of the ordinary, reasonable person to the forms of expression. Expert testimony cannot be used for this part of the test. Id.
Arkansas law: The federal Copyright Act is the sole authority for copyright law. See 17 U.S.C. § 101, et seq. However, copyright issues can unfold in state causes of action. See Arkansas Democrat-Gazette, Inc. v. Brantley, 359 Ark. 75 (2005).
