US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 17.5
Copyright Infringement—Elements—Ownership and Copying
(17 U.S.C. § 501(a)-(b))
Anyone who copies original expression from a copyrighted work during the term of the copyright without the owner’s permission infringes the copyright.
On the plaintiff [name]’s copyright infringement claim, the plaintiff [name] has the burden of proving by a preponderance of the evidence that:
First, the plaintiff [name] is the owner of a valid copyright; and
Second, the defendant [name] copied original expression from the copyrighted work.
If you find that the plaintiff [name] has proved both of these elements, your verdict should be for the plaintiff [name][, absent a successful defense such as fair use]. If, on the other hand, you find that the plaintiff [name], has failed to prove either of these elements, your verdict should be for the defendant [name].
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
5f9b9e7c5d4c7b7bec4a58b80978a0ff4c682f29a7034559fa2e272a0d09cabb
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