> Independent creation is a defense to copyright infringement,
Yes.
> but only if the accused did not have access to the original work.
No, but the accused having access to the original work makes it less likely that a trier of fact (jury or judge depending on the kind of trial) will conclude that the creation was independent rather than copying.
You’re right. I should be more careful about using “only if”. Practically, however, access to the original will probably defeat the independent creation defense.
Yes.
> but only if the accused did not have access to the original work.
No, but the accused having access to the original work makes it less likely that a trier of fact (jury or judge depending on the kind of trial) will conclude that the creation was independent rather than copying.