Your business may have a number of copyrighted works that help generate profits for your operation. So when someone infringes on your company literature, pictures or video, you have the right to litigate the other party to stop their use of your intellectual property. Still, a judge might rule against you if you cannot prove that infringement is taking place.
According to Chron, proving copyright infringement involves establishing key facts. You must prove the copyrighted material is yours and that you have copyrighted it. From there, you will likely have to establish some other facts about the infringement and rebut some possible arguments against your claim.
Accessing your material
In a copyright case, you will need to show that the infringing party had access to your work. This is important because the other party may argue that they developed their work independently of yours. If the general public had access to your property or if someone stole or leaked your property, you might have a strong case that the other party could not have developed their work without influence from your intellectual property.
Dealing with fair use arguments
The other party may try to rebut an infringement claim by using a fair use defense. Fair use is the lawful use of copyrighted work, but it requires a party to meet certain standards. If a person or another business samples all of your copyrighted work, a judge is unlikely to accept a fair use defense. You might also argue that your work does not lend itself to any kind of sampling under fair use.
Some parties use fair use of intellectual property to create works for educational or noncommercial works. A judge might accept that these circumstances qualify for fair use. However, if someone is using your copyrighted work for commercial gain, a judge is more likely to rule that the other party does not have a valid fair use claim.