Richard composed a song called College Days. He copyrighted the composition as well as had it professionally printed. A couple years later he was appearing a business meeting about 1500 miles from his home. While sitting in a nightclub he heard a small local band perform a song called College Memories. The music as well as words were extremely similar to his song. The composer of College Memories claims he never heard of Richard's song as well as that she is offended he would accuse her of stealing his work. If Richard wishes to sue for copyright infringement he must prove