12. As always, we review dismissals for failure to state a claim and grants of summary judgment de novo. See Garanti Finansal Kiralama A.S. v. Aqua Marine & Trading Inc., 697 F.3d 59, 63–64 (2d Cir.2012). We have frequently said that because substantial similarity is a fact-intensive question, it is generally an issue reserved for a jury. Nonetheless, “we have recognized that a court may determine non-infringement as a matter of law[,] ․ either because the similarity between two works concerns only non-copyrightable elements of the plaintiff's work, or because no reasonable jury, properly instructed, could find that the two works are substantially similar.” Warner Bros. Inc. v. Am. Broad. Cos., 720 F.2d 231, 240 (2d Cir.1983) (emphasis and internal quotation marks omitted).