Copyright Litigation

• Author: David R. Gerk - John M. Fleming
• Pages: 337-351

P A R T 3

Copyright Litigation

337

Almost anyone can be an author; the business is to collect money

and fame from this state of being.

—A.A. Milne (Author of Winnie the Pooh)

I. REQUIREMENTS FOR BRINGING SUIT

A. Infringement

The actions and requirements for bringing a copyright suit in federal

district court do not differ significantly from the requirements for bring-

ing a patent or trademark infringement lawsuit or any other civil lawsuit

in federal district court. Distinctions arise merely from the substance of

the case. For example, a complaint must be filed along with a cover

sheet, a filing fee, and a certification of interested parties. As those fa-

miliar with litigation in federal district court are aware, the complaint

sets forth the claim or claims against the accused infringer and the re-

quests or demands. Identification and claim of proper personal jurisdic-

tion and subject matter jurisdiction or, in other words, jurisdiction over

the defendant and a federal question (federal copyright law)1 respec-

1. 28 U.S.C. §1338 (“(a)The district courts shall have original jurisdic-

tion of any civil action arising under any Act of Congress relating to patents,

plant variety protection, copyrights and trademarks. Such jurisdiction shall

be exclusive of the courts of the states in patent, plant variety protection and

copyright cases. . . .”).

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Part 3