Further, in determining infringement, a plaintiff must ultimatelyprove that "defendant copied from plaintiffs copyrighted workand. . .that the copying (assuming it to be proved) went so far asto constitute improper appropriation" of the work.8 Because aplaintiff usually cannot provide direct evidence of copying, one"may establish copying by showing that [the] defendant hadaccess to plaintiffs work and that the two works are 'substantiallysimilar' in idea and in expression of the idea."
infringement