Access is the right to use, communicate, or approach something or someone. Some common usages of the term “access” in a legal sense include: • In the context of copyright, the term “access” refers to the ability of a potential infringer to see or obtain the copyright…
A guide to access
• In the context of copyright, the term “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, they can make a strong argument that they could not have copied the copyrighted material and that any similarities between the allegedly infringing work and the copyrighted work are mere coincidences. However, access alone is insufficient to establish copyright infringement.
• In the context of family law, the term “access” 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.
• In the context of real estate, the term “access” is the right and ability to go to and return from one’s own property.
Why access is relevant in U.S. law
access appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
When and how access applies
In practice, access is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.