Can I file for copyright confirmation in cross-motion or separate it?

Question

I am dealing with a case in the Western District of Washington where the defendant filed a motion for summary judgment, arguing that collateral estoppel should prevent the re-litigation of a foreign copyright case. The foreign ruling, which is final, applied the wrong nation's law and is unfair, contradicting U.S. copyright laws under Title 17 regarding authorship and originality. I can file a cross-motion for summary judgment on the issues of collateral estoppel and comity. Can I also include a request for copyright confirmation in the same motion, or would filing a new and separate motion for copyright confirmation later be barred by rules against filing separate motions on discrete issues?

James L. Arrasmith · Answer

Yes, you can include your request in the same cross‑motion. Rule 56 permits partial summary judgment on discrete issues, and courts routinely entertain cross‑motions that combine preclusion (collateral estoppel and international comity) with declaratory relief on copyright ownership and authorship. 
 
Filing a separate motion later is not categorically barred, but it is risky. Judges in the Western District of Washington often expect parties to consolidate dispositive issues, and serial summary judgment motions may require leave and good cause under Rule 16(b)(4) and the scheduling order. 
 
The safer course is to structure a single cross‑motion that first defeats preclusion and comity, then seeks partial summary judgment declaring ownership, authorship, and originality under Title 17, or at minimum factual determinations under Rule 56(g). Frame your “copyright confirmation” as a request for declaratory judgment under 28 U.S.C. § 2201 supported by the registration and an undisputed evidentiary record. 
 
If you later need a second bite, explicitly reserve it in the first motion and, before filing again, seek leave citing why the issues are materially distinct or newly ripe. That preserves flexibility without inviting a procedural objection that you sliced motions into discrete fragments.

Q: Can I file for copyright confirmation in cross-motion or separate it?