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ALASKA STOCK v. HOUGHTON MIFFLIN HARCOURT PUB. CO.

No. 10-36010.

747 F.3d 673 (2014)

ALASKA STOCK, LLC, Plaintiff-Appellant, v. HOUGHTON MIFFLIN HARCOURT PUBLISHING COMPANY; R.R. Donnelley & Sons Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn June 7, 2012.

Filed March 18, 2014.

Resubmitted January 10, 2014.

Attorney(s) appearing for the Case

Maurice Harmon (argued), Harmon & Seidman LLC, Northampton, PA; Christopher Seidman , Autumn W. Boyd , and Craig F. Wallace , Harmon & Seidman LLC, Grand Junction, CO; Brent R. Cole , Marston & Cole PC, Anchorage, AK, for Plaintiff-Appellant.

J. Russell Jackson (argued), Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY; Daniel C. Kent , Birch, Horton, Bittner, and Cherot, Anchorage, AK, for Defendants-Appellees.

Tony West , Assistant Attorney General; Scott McIntosh and Melissa N. Patterson (argued), Attorneys, Appellate Staff, Department of Justice, Civil Division, Washington, D.C.; David Carson , General Counsel; Robert Kasunic , Deputy General Counsel, United States Copyright Office, Washington, D.C., for Amicus Curiae United States of America.

Before: DIARMUID F. O'SCANNLAIN, ANDREW J. KLEINFELD, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

KLEINFELD, Senior Circuit Judge:

We address whether copyright registration of a collective work registered the component works within it.

Facts

This case was dismissed for failure to state a claim, so we assume for purposes of analysis that the facts were as pleaded in the complaint.

Alaska Stock, a stock photography agency, registered large numbers of photographs at a time, listing only some of the authors and not listing...

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