Striking similarity

If the copyrighted work and the defendant's work are strikingly similar, the first element of access may be assumed without proof (at least in civil copyright cases), especially when the copyrighted work was widely available. See, e.g., Playboy Enters., Inc. v. Frena, 839 F. Supp. 1552, 1556 (M.D. Fla. 1993) (holding proof of access unnecessary when defendant made "essentially exact" copies of copyrighted photos that appeared in nationally circulated magazine).