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US-CA9 · jury_instructions

9th Cir. Model Jury Instr. (Civil) 17.18

Copyright Infringement—Copying—Access Defined

activein force · 2026-08-20 – presentas-observed

[As part of its burden in Instruction [insert cross reference to the pertinent instruction e.g., Instruction 17.17], the plaintiff [name] must prove by a preponderance of the evidence that [the defendant [name]] [whoever created the work owned by the defendant [name]] had access to the plaintiff [name]’s work.] You may find that the defendant [name] had access to the plaintiff [name]’s work if [the defendant [name]] [whoever created the work owned by the defendant [name]] had a reasonable opportunity to [view] [read] [hear] [copy] the plaintiff [name]’s work before the defendant [name]’s work was created.

Provenance

Source
ce9.uscourts.gov
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
acd7dbb3b8a2b8732f4bab87fccc407a6d3a4eb46089fd6dc3edc83f50c36be5
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