[nnvvhh]

You're mistaken about who has the burden to prove actual copying. The person alleging infringement has to show that the defendant copied the work.

[autoexec]

Maybe in the courts, but you can get your youtube channel shutdown or even be permanently kicked off your ISP (and the internet, unless you have more than one option) based on nothing but unsubstantiated accusations that you've violated copyright

[hedora]

True, but then it doesn't matter if you produced any content or not.

[djur]

The standard in a US civil trial is preponderance of evidence, though, so all you have to do is convince the judge that it is more likely than not that the defendant copied the work.

[nnvvhh]

Sure, but where the burden lies still matters. The plaintiff needing to prove copying is a lot more defendant-friendly than the defendant needing to disprove copying.