I. BackgroundA. Factual Background
Unless otherwise noted, the following facts are undisputed and are derived from theparties
Local Civil Rule 56.1 statements, affidavits, and other submissions. The Court construesall evidence in the light most favorable to the non-moving party and draws all inferences in thenon-moving party
See Anderson v. Liberty Lobby, Inc
., 477 U.S. 242, 250, 255 (1986).
Plaintiffs Louis Psihoyos and James P. Reed are professional photographers who maketheir livings, in part, by licensing their photographs to third parties.Defendant Pearson is a publishing company specializing in educational publications.The Printer Defendants are printing companies that published the allegedly infringingpublications at issue in the case.
Works at Issue
Plaintiffs claim that Defendants infringed their copyrights in the following four works,each of which was created by one of the two
Plaintiffs. “Tyrannosaurus Being Cleaned”(“Tyrannosaurus”) is a photograph taken by Mr. Psihoyos. Mr. Psihoyos registered the copyright
in the photograph under registration number VA 1-747-473 in November 2010. (Declaration of
Daniel A. Nelson in Support of Plaintiffs’ Motion for Partial Summary Judgment (“NelsonDec.”) Exs.
22.) “One Hundred Monkeys Type Shakespeare” (“Monkeys”) is an image
depicting several monkeys in various poses around computer terminals in what appears to be alibrary reading room. The image is a digital composite of photographs taken by Mr. Psihoyos.Mr. Psihoyos registered the copyright in this image under registration VA 888-300 in December1997. (Nelson Dec. Exs. 15-
17.) “Vintage Sketch of an Iguanodon” (“
”) is a