Case 1:18-cv-25474-RAR Document 256 Entered on FLSD Docket 06/04/2021 Page 4 of 14
v. Mosley, 635 F.3d 1284, 1290–91 (11th Cir. 2011) (citing 17 U.S.C. § 501(b)).[1] As the parties asserting a copyright infringement claim, Plaintiffs bear the burden of proving standing by demonstrating their ownership of the subject copyrights. DRK Photo v. McGraw-Hill Glob. Educ. Holdings, LLC, 870 F.3d 978, 986 (9th Cir. 2017); Cramer v. Cecil Baker & Partners, Inc., No. 19-01503, 2019 WL 2774181, at *2 (E.D. Pa. July 1, 2019) (citing Clarity Software, LLC v. Fin. Indep. Grp., 51 F. Supp. 3d 577, 587 n.12 (W.D. Pa. 2014)). When the nonmoving party bears the burden of proof, “the movant can seek summary judgment by establishing that the opposing party has insufficient evidence to prevail as a matter of law, thereby forcing the opposing party to come forward with some evidence or risk having judgment entered against [it].” Maxi-Taxi Of Fla., Inc. v. Lee Cty. Port Auth., 301 F. App’x 881, 885 (11th Cir. 2008).
Here, the Court agrees with Magistrate Judge Becerra that Plaintiffs’ evidence is insufficient to establish their ownership of the MSP-Registered Songs. Plaintiffs cite to the deposition testimony of MSI legal consultant Jonathan Black, who testified that during his time doing “some publishing administration work” for MSI, including setting up MSI’s music publishing catalog, he was responsible for preparing the copyright registrations and the corresponding songwriter agreements executed by Tony Butler for the MSP-registered songs “I Know You Love Me” and “Jam the Box.” See Pls.’ Obj. at 3–4. For “Jam the Box” and “Computer Language,” Plaintiffs also point to the fact that the Publisher Number indicated on the Copyright Office’s website registration is “Music Specialists MSI-109,” which Plaintiffs claim “is the three-letter symbol used by the Copyright Office to identify MSI and its registrations.” Id. at 5. Further,
- ↑ A “beneficial owner” typically refers to an author who has parted with legal title to the copyright in exchange for percentage royalties based on sales or license fees. See Smith v. Casey, 741 F.3d 1236, 1241 (11th Cir. 2014).
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