OK, here’s the situation:

Word Smith has been a musician and songwriter for years. Smith has never hit the “big time,” but has played with different bands over the years and in most of these bands they have played original songs that Smith has written. Smith, however, has never officially sent his songs to the copyright office and received proper copyright status. Instead, Smith puts a cassette tape of his newly written songs into an envelope and mails the parcel to himself. He does this to prove that he has written the song, expecting that if there is ever a question raised about authorship that the post mark on the package will prove he wrote the song before that date.

One day Smith hears a song on the radio by a country singer named Guit Tar-Twang, that he (Smith) had written 10 years before. Smith remembers that a bass player who now plays with Tar-Twang used to play in a band that Smith was a member of about 7 years ago. Smith figures that the bass player must have played the song for Tar-Twang.

Smith sues Tar-Twang for copyright infringement. So…

1. Does Smith have a case?

2. Why or why not?

3. What must Smith prove in order for Tar-Twang to be found guilty of copyright infringement?