From: "Doug Meerschaert" <[EMAIL PROTECTED]>
> Does anyone know upon whom the burden of proof would lie in a
> copyright case?
In the Tomy case, Tomy (who was suing another toy manufacturer over
copyright claims) was forced to prove that it held a valid copyright. It
failed to do so, and the case was dismissed.
In that case, the judge notes that in copyright disputes, it is often a
first step for the damaged party to prove to the court that the copyright in
dispute is valid. So the case can switch directions - first the copyright
holder has to prove their ownership and validity of their claims, then once
the claim is established as valid, the defendent has to prove that they're
not infringing.
Ryan
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