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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Folio Impressions, Inc. v. Byer California, 937 F.2d 759 (2d Cir. 1991)

[page 765] Infringement of a copyright may be inferred when it is shown defendants had access to the copyrighted work and substantial similarities exist as to protectible material. Walker, 784 F.2d at 48. In other words, a plaintiff must first show his work was copied by proving access and substantial similarity between the works, and then show the copying was "illicit" by demonstrating that the similarities relate to protectible material. See id.; Arnstein v. Porter, 154 F.2d 464, 468 (2d Cir.1946) (Frank, J.). Even when plaintiff can show access, there is no infringement if the similarities between the works are not sufficient to prove copying. Arnstein, 154 F.2d at 468. Further, if the proof establishes that one work was arrived at independently, without copying the other, there is also no infringement. See Alfred Bell & Co. v. Catalda Fine Arts, 191 F.2d 99, 103 (2d Cir.1951) (Frank, J.).