An example is helpful. Suppose a particular law professor has never met any of my law clerks and has never read any of their numerous law review articles.9 If that professor independently composes a paragraph, which, by coincidence, is very similar to—or indeed identical with—a paragraph from one of their articles, the professor need not fear copyright liability. Even though the works are similar, the professor has not copied, and, therefore, element two of the infringement cause of action—actual copying—is not satisfied. Independent creation is a defense to copyright infringement. Folio Impressions, Inc. v. Byer Cal., 937 F.2d 759, 765–66 (2d Cir.1991).