Read the following excerpt from a US court opinion:
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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 ; see also Harper & Row, Publrs. v. Nation
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that patent protection extends to elements not protected adequately by copyright
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. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply
E. 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
Reply with [A, B, C, D, E] only.