House, Inc. v. Rosetta Books LLC, 283 F.3d 490, 491 (2d Cir.2002) (“[B]ecause a prima facie case of copyright infringement gives rise to a presumption of irreparable harm, the requirement of proof of irreparable harm can in such a case effectively be met by proof of a likelihood of success on the merits.”). Defendants have adduced no evidence to rebut that presumption; accordingly, the Court finds that irreparable harm exists absent an injunction.
B. Likelihood of Success on the Merits
On a motion for a preliminary injunction, the burdens of proof “track the burdens at trial.” Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418, 429, 126 S.Ct. 1211, 163 L.Ed.2d 1017 (2006). Accordingly, in this action, plaintiffs bear the burden of establishing a prima facie case of copyright infringement. See, e.g., Castle Rock Entm’t, Inc. v. Carol Pub. Group, Inc., 150 F.3d 132, 137 (2d Cir.1998). Defendants, in turn, bear the burden of establishing fair use, which is an affirmative defense to a claim of copyright infringement. Infinity Broadcast Corp. v. Kirkwood, 150 F.3d 104, 107 (2d Cir.1998).
1. Plaintiffs’ Prima Facie Case of Copyright Infringement.
Section 106 of the Copyright Act of 1976, 17 U.S.C. §§ 101 et seq., “grants copyright owners a bundle of exclusive rights, including the rights to ‘reproduce the copyrighted work in copies.’” Castle Rock, 150 F.3d at 137 (quoting 17 U.S.C. § 106). “In the absence of defenses, these exclusive rights normally give a copyright owner the right to seek royalties from others who wish to use the copyrighted work.” Ringgold v. Black Entm’t Television, Inc., 126 F.3d 70, 73 (2d Cir. 1997). To establish a claim of copyright infringement, a plaintiff must show (1) ownership of a valid copyright and (2) unauthorized copying or a violation of one of the other exclusive rights afforded copyright owners pursuant to the Copyright Act. Hasbro Bradley, 780 F.2d at 192.
Here, the parties agree that “Expelled” copies an approximately fifteen-second excerpt of “Imagine” and defendants did not obtain permission before including the excerpt in the movie. Thus, the second prong of plaintiffs’ claim of copyright infringement—unauthorized copying—is satisfied.
Whether plaintiffs have satisfied the first requirement by showing ownership of the copyright to “Imagine” is disputed. Plaintiffs assert that because John Lennon, the song’s author, died prior to the copyright’s twenty-eight year renewal period, his widow and children were entitled to renew the copyright. See 17 U.S.C. § 304(a)(1)(C)(ii). Defendants note, however, that although Yoko Ono Lennon, Sean Lennon, and Julian Lennon renewed the copyright in 1998, the owner of the original copyright was Northern Songs, Limited. (Ex. A, B to Compl.) Northern Songs assigned its copyright to Ono Music in 1984, and Ono Music in turn assigned its copyright to Lenono Music in 1985. (Ex. B to Decl. of Dorothy M. Weber dated May 16, 2008 (“Weber Decl.”).) Defendants contend that because the song was originally copyrighted by Northern Songs, Limited, which was a corporate body, Lenono Music, rather than plaintiffs, is the proper party to have renewed the copyright at the end of its initial twenty-eight-year term, unless Northern Songs, Limited originally obtained the copyright from
See Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 518 F. Supp. 2d 1197, 1212 (C.D.Cal.2007).
