copyright in its digital wire-frame models. Because Meshwerks obtained registration certificates for its models from the Copyright Office, we presume that it holds a valid copyright. See 17 U.S.C. § 410(c); Palladium Music, Inc. v. EatSleepMusic, Inc., 398 F.3d 1193, 1196 (10th Cir. 2005). At the same time, defendants may overcome this presumption by presenting evidence and legal argument sufficient to establish that the works in question were not entitled to copyright protection. Palladium Music, Inc., 398 F.3d at 1196. Because this case comes to us on summary judgment, we review the question whether Meshwerks holds a valid copyright de novo and will affirm the district court's judgment only if, viewing all of the facts in the light most favorable to Meshwerks, we are able to conclude that “there is no genuine issue as to any material fact and that [defendants are] entitled to judgment as a matter of law." Fed. R. Civ. P . 56(c).[1]
A
The Constitution authorizes Congress "[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." U.S. Const. art. I,
- ↑ There is some debate over whether the question of copyrightability is a pure question of law and thus one for the court, or a mixed question of law and fact and thus one involving potential jury questions in the presence of materially disputed facts. See Gaiman v. McFarlane, 360 F.3d 644, 648-49 (7th Cir. 2004) (discussing the dispute). Our court has not spoken on the matter, but neither do we have need to do so today as this case comes to us on summary judgment, and we cannot, of course, grant such a motion if we discern any material dispute of fact in the record before us.
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