the [work is] factual or creative, and (2) whether the [work has] previously been published.” Gregory, 689 F.3d at 61 (citing Harper & Row Publishers v. Nation Enters., 471 U.S. 539, 563, 105 S.Ct. 2218, 85 L.Ed.2d 588 (1985); Núñez v. Caribbean Int’l News Corp., 235 F.3d 18, 24 (1st Cir.2000)). In assessing where a work falls on the spectrum from factual to creative, a dictionary may reasonably be understood as having a stronger informational or factual focus than a novel or poem. Cf. Núñez, 235 F.3d at 23 (explaining that even artistic endeavors like the taking of photographs may be considered largely non-creative if intended not for purposes of art, but for a commercial enterprise such as a modeling portfolio); Fitzgerald v. CBS Broad., Inc., 491 F.Supp.2d 177, 188 (D.Mass.2007) (<HOLDING>). Nonetheless, Merriam-Webster asserts— and
holding that a sherman act  1 claim requires a complaint with enough factual matter taken as time to suggest that an agreement was made holding that photographs taken for a news story were factual recognizing that when considering pretrial motions attacking the sufficiency of an indictment or information the factual allegations in the states pleadings are taken as true holding rule 1 ls factual inquiry requirement violated only when no factual basis for allegations recognizing that the partys factual complaint if taken as true affirmatively established that the other tribunal had no jurisdiction