3A party moving for summary judgment must support an assertion that “a fact cannot beor is genuinely disputed” by citing to evidence in the record, including “documents, . . .affidavits or declarations, . . . admissions, . . . . or other materials.” Fed. R. Civ. P. 56(c). “Asupporting or opposing affidavit must be made on personal knowledge, set out facts that wouldbe admissible in evidence, and show that the affiant is competent to testify on the matters stated.”Fed. R. Civ. P. 56(e)(1).An opposing party “may not rely merely on allegations or denials in its own pleading;rather, its response must—by affidavits or as otherwise provided in this rule—set out specificfacts showing a genuine issue for trial.” Fed. R. Civ. P. 56(e)(2). See also Scotto v. Almenas,143 F.3d 105, 114 (2d Cir.1998) (non-moving party may not rely on “conclusory allegations orunsubstantiated speculation”). The non-moving party “must do more than simply show thatthere is some metaphysical doubt as to the material facts,” Matsushita Elec. Indus. Co., Ltd. v.Zenith Radio Corp., 475 U.S. 574, 586 (1986), and must set forth “significant probativeevidence” on which a reasonable factfinder could decide in its favor. Anderson, 477 U.S. at 249.
Analysis: Motion for Sumary Judgment on Ownership
A. Sound Recordings Not in Dispute
“To prevail on a claim of copyright infringement, the plaintiff must demonstrate both (1)ownership of a valid copyright and (2) infringement of the copyright by the defendant.”Yurman Design, Inc. v. PAJ, Inc., 262 F.3d 101, 109 (2d Cir. 2001) (citing Hamil America, Inc.v. GFI
193 F.3d 92, 98 (2d Cir.1999)). Under the Copyright Act, a certificate of registrationconstitutes prima facie evidence of the valid ownership of a copyright. See Rogers v. Koons,960 F.2d 301, 306 (2d Cir. 1992) (citing 17 U.S.C. § 401(c)). An assignee of a valid copyrightwho is not named on the registration as the owner has the additional burden of proving valid
Case 1:06-cv-05936-KMW -DCF Document 649 Filed 03/30/11 Page 3 of 17