Civil Procedure Keyed to Friedenthal
T.B. Harms Co. v. Eliscu
Eliscu, Defendant had interests in copyrighted music. T.B. Harms Co., Plaintiff, alleged that Defendant signed a contract that assigned the rights to the music back to Dreyfus, Plaintiff’s principal stockholder. When the copyrights were about to expire, Defendant entered into an agreement to assign the renewal rights to another individual, Jungnickel, pending determination of Defendant’s ownership. Defendant advised Plaintiff that he had assigned the renewal rights and then filed suit against Plaintiff seeking a declaration that he owned a one third interest in the renewal rights and an accounting. Plaintiff responded by suing Defendant in federal court, seeking declaratory relief against Defendant and Jungnickel. All parties were concededly citizens of New York. Jurisdiction was predicated on the Copyright Act (Act), a federal law. The district court dismissed for lack of jurisdiction and Plaintiff appealed.
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