Stewart Title of California, Inc. v. Fidelity National Title Co.

MEMORANDUM **

Stewart Title of California (“Stewart”) appeals the district court’s grant of Fidelity National Title’s (“Fidelity”) motions for summary judgment and judgment on the pleadings, as well as the district court’s denial of Stewart’s motion for partial summary judgment. We review each of these orders de novo. See White v. City of Sparks, 500 F.3d 953, 955 (9th Cir.2007); MacDonald v. Grace Church Seattle, 457 F.3d 1079, 1081 (9th Cir.2006). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, vacate in part, and remand.

Pursuant to the Copyright Act, the “legal or beneficial owner of an exclusive right under a copyright” may “institute an action for any infringement of that particular right committed while he or she is the owner of it.” 17 U.S.C. § 501 (b). To prevail in its copyright infringement action, Stewart must establish that it owned a *475 valid copyright in the 2008 contract and that Fidelity infringed it. See Entm’t Research Group, Inc. v. Genesis Creative Group, Inc., 122 F.3d 1211 , 1217 (9th Cir. 1997).

The 2003 forms are based largely on the 1998 forms that were initially owned by the now-disbanded Southern Counties Escrow (“SCE”). A…