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Jurisdiction

Jurisdiction

Jurisdiction to hear actions "arising under any Act of Congress relating to... copyrights" is given exclusively to federal courts pursuant to 28 U.S.C. ~ 1338(a). The typical infringement action therefore cannot be brought in a state court. Although so-called common-law copyright claims (relating to unpublished works) could have been brought in state courts under the 1909 Copyright Act, that is no longer true because section 301 of the 1976 Act has abolished state copyright law.

It is sometimes difficult to determine whether a claim "arises under"

the federal Copyright Act, particularly when the principal issue to be determined relates to contract interpretation or disputed ownership.

Federal jurisdiction will be exclusive if the action is for copyright infringement or if its determination turns on an interpretation or application of the federal Copyright Act. In a frequently cited passage from the opinion of Judge Friendly in T.B. Harms v. Eliscu, the Court of Appeals for the Second Circuit stated:

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