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  v. Larson, 147 F.3d 195, 201–02 (2d Cir.1998).

The relevant inquiry in determining the parties’ intent to be joint authors is whether they “entertain[ed] in their minds the concept of joint authorship, whether or not they understood precisely the legal consequences of their relationship.” Childress, 945 F.2d at 508. Although “joint authorship does not require an understanding by the co-authors of the legal consequences of their relationship, … some distinguishing characteristic of the relationship must be understood for it to be the subject of their intent.” Childress, 945 F.2d at 508. In Childress, the Second Circuit observed that where there is no contractual agreement concerning authorship, it is useful to look for an understanding about authorship credit. See 945 F.2d at 508; see also Thomson, 147 F.3d at 202–204 (discussing contributor’s decision-making authority over what changes are made in the work and whether parties believed they could enter into agreements with “outsiders” concerning use of the work).

Here, defendants have not offered any evidence that they intended to share credit for the photographs. Indeed, they possess none of the indicia of copyright ownership such as registering the photographs at the time they were created, or affixing a copyright notice on the work.

Accordingly, defendants are not joint authors.

VII. Transfer of Rights

Finally, defendants assert that Lindner agreed that Artisan would have the right to use the photographs without limitation. Defendants bear the burden of proving the existence of a license covering the activity in question. See, e.g., Graham, 144 F.3d at 236 (citing Bourne v. Walt Disney Co., 68 F.3d 621, 631 (2d Cir.1995)).

The Copyright Act prescribes a comprehensive scheme for the licensing of copyrighted works. See, e.g., 17 U.S.C. §§ 101, 201(d), 204, 205 (defining “copyright owner” and “transfer of copyright ownership”). There are three possible types of licenses: (1) written; (2) oral; (3) implied. See Patry at 390. A written license may be either exclusive or non-exclusive. An oral license and an implied license can only be non-exclusive. See 17 U.S.C. § 204(a) (“A transfer of copyright ownership, otherwise than by operation of law, is not valid unless an instrument of conveyance … is in writing and signed by the owner of the rights conveyed.”).

A. Express License

Defendants assert that the “intrinsic evidence before the Court on the terms and scope of the parties[’] license is contradictory” and therefore summary judgment should be denied. (Defs.’ Supp. Br. at 4.) Defendants observe that the initial estimate Lindner provided to Munn simply provides prices for “3 days,” “film & processing” and “no seam paper.” (Munn Aff. ¶6 & Ex. B.) Thus, they maintain it does not limit the use of the photographs. A subsequent estimate limited the use of the prints to “(C-Prints) for retail point of purchase.” (Defs.’ Supp. Br. Appendix 3.) The final invoice, which was initialed by Munn, states: “Usage: For C-Prints to be used by sales people.” (Lindner Aff. Ex. 1.) Therefore, defendants contend that the parties’ license is unclear.

Defendants’ argument is without merit. Irrespective of any ambiguity in the estimate or invoices, those documents do not purport to transfer ownership or non-exclusive use of the copyrights in the photographs. None of them even allude to the transfer of exclusive or non-exclusive copyrights. Rather, they simply memorialize the parties’ bargain with respect to the transfer of the physical prints and the