Case 1:13-cv-01215-TSC Document 239 Filed 03/31/22 Page 18 of 47
The registrations for 187 of ASTM’s standards—those whose numbers appear in bold in Plaintiffs’ Annex A, ECF No. 198-4—were effective within five years of the date of first publication identified in the registration certificate. See Pls.’ 2d SMF ¶ 7; Wise Decl. ¶¶ 2–33, 35–57, 59–65, 67–149, Exs. 1–32, 34–56, 58–148; O’Brien Decl. ¶¶ 7–11, Exs. 3–4. ASTM’s other four standards[1] were registered more than five years after they were published, but the court accords these the same evidentiary weight as if they had been registered within five years. See 17 U.S.C. § 410(c) (court has discretion over evidentiary weight).
NFPA produced copyright registration certificates for its twenty-three standards at issue, each obtained within five years of publication. ECF No. 118-3, Declaration of Dennis J. Berry (“Berry Decl.”) ¶¶ 2–3, Exs. A, B; ECF No. 198-50, Supplemental Declaration of James T. Pauley (“Supp. Pauley Decl.”) ¶¶ 6–24, Exs. W–OO (certificates of registration). Likewise, ASHRAE produced copyright registration certificates for its three standards at issue, each within five years of publication. ECF No. 118-10, Declaration of Stephanie Reiniche (“Reiniche Decl.”) ¶ 15, Exs. 3–5.
Plaintiffs’ registration certificates create a presumption of validity and ownership with respect to both their individually registered works and to the original works that comprise Plaintiffs’ registered compilations. ASTM, 2017 WL 473822, at *6–7 (“Plaintiffs are the owners of the copyrights at issue and have standing to bring their claims.”); 17 U.S.C. § 410(c); MOB Music Publ’g, 698 F. Supp. 2d at 202.
Consequently, the burden shifts to Defendant to prove the contrary. Hamil Am., Inc. v. GFI, Inc., 193 F.3d 92, 98 (2d Cir. 1999) (once a copyright holder has proffered prima facie evidence of ownership, the alleged infringer “challenging the validity of the copyright has the
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- ↑ A106/A108M, C150, D86, D975.
