With no explanation, chose the best option from "A", "B", "C" or "D". in WWITB was a complete assignment of rights to Brownmark (Am. Compl. ¶ 13), and, accordingly, Brownmark has standing to sue for infringement of the underlying copyright. HyperQuest, Inc. 632 F.3d at 382. The court proceeds to examine the defendants’ second argument for dismissing the amended complaint. B. Fair Use In the alternative, the defendants argue that Brownmark’s copyright in fringement claims are barred by the question are central to the plaintiffs claim, and indeed no party argues that the court cannot rely on the videos in evaluating whether Brownmark has failed to properly state a claim for copyright infringement. However, the rub is that “fair use” is viewed as an affirmative defense, as opposed to a central element of copyright infringement. See Janky, 576 F.3d at 361 (<HOLDING>); see also Harper & Row, Publrs. v. Nation

A: holding that the two elements of a copyright infringement claim are 1 the plaintiff owns a valid copyright right and 2 the defendants copied constituent elements of the work that are original
B: holding that a drawing containing several uncopyrightable public domain elements was entitled to copyright protection because the elements were selected coordinated and arranged in such a way as to render the work original
C: holding that conversion and unjust enrichment claims were preempted by the copyright act since they were not qualitatively different from a copyright claim because they contained no extra element beyond those necessary to show copyright infringement
D: recognizing that patent protection extends to elements not protected adequately by copyright
A.