Case 1:13-cv-01215-TSC Document 239 Filed 03/31/22 Page 16 of 47
a copyright infringement claim, a plaintiff must prove both “‘(1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.’” Stenograph, LLC v. Bossard Assocs., Inc., 144 F.3d 96, 99 (D.C. Cir. 1998) (quoting Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 361 (1991)).
On the other hand, reflecting copyright’s balance between private ownership and public welfare, the Act has long recognized that certain “fair use[s]” of a copyrighted work do not constitute infringement. ASTM, 896 F.3d at 446 (citing 17 U.S.C. § 107). Not all uses of a copyrighted work are “within the exclusive domain of the copyright owner,” rather, as the Supreme Court has explained, “some are in the public domain.” Id. (quoting Sony Corp., 464 U.S. at 433).
- 1. Ownership of Valid Copyrights
- a. Ownership
- 1. Ownership of Valid Copyrights
Plaintiffs move for summary judgment on 217 standards: the 9 standards at issue in ASTM I,[1] plus 208 additional standards listed in their Complaint. While the court previously held that Plaintiffs own copyrights in the 9 standards at issue in ASTM I, it must now determine whether Plaintiffs own copyrights in the other 208 standards such that they have standing to challenge Defendant’s alleged infringement. The court finds that they do.
The Copyright Act provides that possession of a certificate of registration from the U.S. Copyright Office “made before or within five years after first publication of the work shall constitute prima facie evidence,” creating a rebuttable presumption of ownership of a valid
- ↑ See ECF No. 118, Pls.’ First Mot. for Summ. J. (moving for summary judgment as to ASTM D86-07, ASTM D975-07, ASTM D396-98, ASTM D1217-93(98), the 2011 and 2014 versions of NFPA’s National Electrical Code, and the 2004, 2007 and 2010 versions of ASHRAE’s Standard 90.1).
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