Opposition to motion to dismiss on the ground of lack of subject matter jurisdiction -- in this case, the Copyright Office had actually refused to register plaintiff's work, claiming a lack of originality. We argued that notwithstanding this refusal, the issue of copyrightability merely shifted to the District Court, but that the court did have subject matter jurisdiction once the application was not only applied for but a determination made and communicated to the applicant.

The District Court agreed with us and denied the motion by order dated September 15, 2006. Shortly thereafter the parties entered into a satisfactory confidential settlement.