Case 1:22-cv-01564-BAH Document 17 Filed 02/07/23 Page 33 of 34
As detailed above, the refusal to register the Work, the agency action at issue, is a discretionary act and was lawfully done, in accordance with the Office’s policies and procedures. And, even if the Court were to find that the Office abused its discretion, which it did not, the remedy would not be an order compelling registration, but rather “renewed consideration” of the copyrightability of the Work. Atari Games Corp., 979 F.2d at 247.
CONCLUSION
The Administrative Record shows that the Office’s refusal to register the Work was soundly and rationally based on settled law, and not arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law. For the reasons stated above, Defendants respectfully request that the Court deny Plaintiff’s Motion for Summary Judgment and grant Defendants’ Cross-Motion for Summary Judgment.
| Of Counsel: SCOTT BOLDEN |
Respectfully submitted,
BRIAN M. BOYTON GARY L. HAUSKEN /s/ Jenna Munnelly Counsel for Defendants |
| SUZANNE V. WILSON General Counsel and Associate Register of Copyrights |
27
