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A copyright plaintiff must prove (1) ownership of the copyright; and (2) infringement— that the defendant copied protected elements of the plaintiff's worN. What is copyright infringement?A plaintiff alleging copyright infringement in a civil lawsuit must establish two essential elements in court. Copyright infringement is the use or production of copyright protected material without the permission of the copyright holder. Knowledge is not a requirement of primary infringement. To establish primary infringement of copyright under the Act, three elements must be proved:. There are four essential elements to a charge of criminal copyright infringement. 1 The Transformative Factor: The Purpose and Character of Your Use. 1.0. Law professors introduce case studies and discuss industries to help students discover the intersection of patent and copyright laws. The second element is the opportunity for copying.