1) In terms of copyright, access refers to the ability of a potential infringer to see or obtain the copyrighted material. Access is important in determining whether a potential infringer has in fact illicitly copied the copyrighted material. If the potential infringer has had no access to the copyrighted material, he can make a strong argument that he could not have copied the copyrighted material, and that any similarities between the allegedly infringing work and the copyrighted work are mere coincidences. However, conversely, access alone is insufficient to establish copyright infringement.
2) In family law the term is used to describe visitation between the child and the non-custodial parent. Depending on the particulars of the visitation arrangement the custodial parent may have limited and/or supervised access.
Definition from Nolo’s Plain-English Law Dictionary
In the context of real estate, the right and ability to enter, approach, and pass to and from. In copyright law, a person who is accused of infringing upon another's copyrighted material may seek to refute the claim by showing that he had no opportunity to see, hear, or copy that work -- that is, he had no access. In family law, a husband who disputes paternity of his wife's child might have argued that his wife had relations with other men -- that is, others "had access" -- but that claim is rarely relied upon in light of modern and highly accurate scientific paternity testing.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:10 pm