MEMORANDUM & ORDER
KEVIN THOMAS DUFFY, District Judge:
On February 2, 1983 I granted plaintiff's motion for summary judgment against both defendants, 557 F.Supp. 978. Defendants now move for reargument of that decision. I grant defendants' motion to reargue, but reject their contentions for the reasons that follow. Familiarity with my prior opinion granting summary judgment is assumed.
Defendants argue that it is unclear whether the plaintiff actually has valid copyright ownership of the photographs in question. As defendants characterize their grounds for reargument, it is in essence "that the Court in determining the Motion for Summary Judgment did not consider the defense raised by the defendants that the common law works for hire doctrine is
17 U.S.C. § 301(a). The Act contains three principal exceptions to its exclusivity:
17 U.S.C. § 301(b). The instant case does not come within any of these three exceptions. Photographs are a subject matter protected explicitly by the Act in section 102. See 17 U.S.C. §§ 101 & 102(a)(5). The cause of action does not "arise from undertakings commenced before January 1, 1978"; both the photographs and the infringement occurred after that date. Finally, these photographs do not involve any activities specified in 17 U.S.C. § 106. Therefore, the parties' respective rights are governed exclusively by the Copyright Act.
The Act, as I discussed in detail in my prior opinion, establishes the validity of plaintiff's copyright. Defendants have argued at length that plaintiff's copyright is uncertain because of the "work made for hire" provisions of the Act. This argument is unpersuasive.
First, the photographs do not fall into either category of "works made for hire."
M. Nimmer, Nimmer on Copyrights § 5.03 [B][a] (1982). Defendants apparently admit that plaintiff's rights are not governed by the work for hire provisions. See Defendants' Notice of Motion at 9-10. Rather, defendants principally argue that the common law governs herein. As I have discussed above, however, the 1976 Act's provisions are exclusive in this area.