Clifton

*1222 ORDER DENYING MOTION TO DISMISS

[Re: ECF No. 18]

INTRODUCTION

Carr Clifton is a photographer who licensed many of his photographs to book publisher Houghton Mifflin Harcourt Publishing Company (“HMH”). These licenses were limited in scope, and Mr. Clifton alleges HMH exceeded this scope without his permission and therefore violated his copyrights in his photographs. HMH filed a motion to dismiss Mr. Clifton’s complaint because, HMH argues, the complaint does not contain sufficient factual allegations to raise a plausible claim for relief. The court disagrees and denies HMH’s motion.

STATEMENT

Mr. Clifton is a professional photographer who makes his living licensing his photographic images to publishers, including HMH.,(Complaint, EOF Ño. 1, ¶ 2.) 1 He is the owner of copyrights in the'30 photographic images (“Photographs”) depicted in Exhibit 1 to his complaint. (Id. ¶ 6, Ex. 1.) Exhibit 1, which is incorporated in the complaint, is a chart containing the following information for each of the 30 Photographs: (1) a thumbnail image of the Photograph; (2) an Image ID for and description of the Photograph; (3) the copyright registration number and date of the Photograph;…