Harrington v. MureHarrington v. Mure
- Reporters:
- , ,
- Before:
- Palmieri
Plaintiff, alleging that he collaborated with defendants Mure and Wolf in the creation of a musical com-„ position, seeks a declaration of his rights as co-author of the composition. Pursuant to an agreement with Mure and Wolf, defendant Saxon Music Corp., the publisher, procured a copyright for the work. See
Although the defendants, prior to trial, failed to challenge plaintiff’s jurisdictional allegations, see
In support of the averment that he is properly in this court, plaintiff has referred to a line of decisions recognizing the standing of an equitable owner of a copyright to sue for infringement. Cohan v. Richmond, 2 Cir., 1936, 86 F.2d 680; Bisel v. Ladner, 3 Cir., 1924, 1 F.2d 436; Wooster v. Crane & Co., 8 Cir., 1906, 147 F. 515; Manning v. Miller Music Corp., D.C.S.D.N.Y.1959, 174 F.Supp. 192; Southern Music Publishing Co. v. Walt Disney Productions, D.C.S.D.N.Y.1947, 73 F.Supp. 580. But see Measurements Corp. v. Ferris Instrument Corp., 3 Cir., 1947, 159 F.2d 590; Dill Mfg. Co. v. Goff, 6 Cir., 1942, 125 F.2d 676; Binger v. Unger, D.C.S.D.N.Y. 1946, 6 F.R.D. 44. Power to adjudicate
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the question of infringement and to furnish an appropriate remedy is expressly and exclusively vested in the federal district courts.
The fundamental and obvious distinction between the cases upon which the plaintiff relies and the situation presented here is that Harrington does not state a claim for infringement. 4 Absent a basis for a claim of infringement, a case presenting a claim of equitable ownership with a prayer for an assignment and an accounting does not “arise under the Copyright Law.” Hoyt v. Bates, supra; Wells v. Universal Pictures Co., 2 Cir., 1948, 166 F.2d 690, 692; Friedman v. Washburn Co., 7 Cir., 1944, 145 F.2d 715; cf. Republic Pictures Corp. v. Security-First National Bank, 9 Cir., 1952, 197 F.2d 767. It is true that in such a case a claim of federally protected interest forms a part of the plaintiff’s legal position. However, unlike a suit for infringement, federal legislation “relating to copyrights” does not confer the specific right of action sought to be enforced. See Republic Pictures Corp. v. Security-First National Bank, supra, 197 F.2d at pages 769-770; Hart & Wechsler, op. cit. supra at 765. The sources of the obligations to assign and to account are equitable doctrines relating to unjust enrichment and general *658 principles of law governing the rights of co-owners, 5 not remedial provisions of the Copyright Law.
Plaintiff has urged that to deprive him of a federal forum, the court must rely upon an untenable distinction between wrongful acts of a co-author and wrongful acts of a stranger to the creation of the copyrighted work. If a stranger exploits the composition and deprives the creator of his right to exclusive enjoyment of the fruits of his efforts, an infringement action will lie. But if a co-author, one who cannot be charged with infringement, 6 authorizes the exploitation of the work and the exclusion of his collaborator, a technicality bars access to the federal court. The alleged technicality, however, is a direct result of the congressional plan with respect to copyright litigation. A federal court must find its jurisdiction in express provisions of federal statutes; it cannot assume constitutionally possible jurisdiction which has not been conferred by Congress. Kline v. Burke Construction Co., 1922, 260 U.S. 226, 234, 43 S.Ct. 79, 67 L.Ed. 226. Assuming that Congress might have reserved to the federal courts all questions relating to copyright titles, according to firmly established judicial construction, it did not do so. See Becher v. Contoure Laboratories, Inc., 1929, 279 U.S. 388, 49 S.Ct. 356, 73 L.Ed. 752; Republic Pictures Corp. v. Security-First National Bank, supra; Hartley Pen Co. v. Lindy Pen Co., supra. Instead, it provided for exclusive federal jurisdiction of “copyright eases” — those in which federal legislation defines the substance of the claim and the relief to be secured. Congress left a considerable residue of power in the state courts to pass on “copyright questions” — among them, questions arising in contract and title disputes. See Jerry Vogel Music Co. v. Miller Music, Inc., 1st Dept. 1947, 272 App.Div. 571, 74 N.Y.S.2d 425; 7 Hart & Wechsler, op. cit. supra at 754-58, 765. See also New Marshall Engine Co. v. Marshall Engine Co., 1912, 223 U.S. 473, 478, 32 S.Ct. 238, 56 L.Ed. 513; Hartley Pen Co. v. Lindy Pen Co., supra.
To summarize, the fact that plaintiff Harrington alleges co-authorship of a copyrighted composition does not bring this claim within the exclusive jurisdiction of the federal district court “in copyright cases.” The nature of the disputed facts and the character of the relief to which plaintiff may be entitled indicate that his action is cognizable in the state court. See Becher v. Contoure Laboratories, Inc., supra. That court is fully competent to resolve the question as to whether plaintiff collaborated in the creation of the musical composition, and, if that question is resolved in plaintiff’s favor, to grant plaintiff all the relief he seeks. See Jerry Vogel Music Co. v. Miller, Inc., supra. No problem of piecemeal- litigation is presented, cf. Hartley Pen Co. v. Lindy Pen Co., supra, and no other persuasive reason has been shown for departing from the established construction of the extent to which Congress has authorized original federal jurisdiction of controversies in which copyright questions are presented.
In view of my conclusion that the jurisdiction of this court does not extend to plaintiff’s claim for a declaration of his rights as co-author, I do not reach the question whether the court has ancillary or pendent jurisdiction of the claims based upon allegations of unfair competition and of plaintiff’s performance as a principal artist on the recording of the composition. 8
*659 The motion to dismiss the complaint for lack of federal jurisdiction is granted, but without costs, 9 and without prejudice to plaintiff’s right to institute appropriate proceedings in the state court. 10
So ordered.
Notes
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“The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, copyrights and trade-marks. Such jurisdiction shall be exclusive of the courts of the states in patent and copyright cases.”
. See Manning v. Miller Music Corp., D.C. S.D.N.T.1959, 174 F.Supp. 192, 194:
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. See 186 F.Supp. at pages 657 - 658, infra.
. It is a well established rule that a coauthor cannot bring an infringement aetion against the other co-authors, their assignees, or licensees. Carter v. Bailey, 1874, 64 Me. 458, 463. If the rule were otherwise, a co-author, by withholding consent to any use of the joint creation, could effectively deprive the public of the benefit of the work. A proper balance between the interest of the excluded co-author and that of the public is achieved by allowing each co-author • to exploit the work, but subject to a duty to account to his collaborators for the results of his dealings. See Rosen-gart, Co-Authorship in Copyright Law, 25 So.Calif.L.Rev. 247, 255 (1952); Note, Accounting Between Co-Owners of a Copyright, 48 Colum.L.Rev. 421, 426-27 (1948).
. Rosengart, supra note 3; Note, 48 Colum.L.Rev., supra note 3.
. See note 3, supra.
. This case, decided by a state court, has been characterized as one of the leading decisions recognizing the right now asserted by plaintiff — the right of a coauthor of a copyrighted composition to an accounting for the profits resulting from the unauthorized use of the joint work by his collaborator. See Rosengart, supra at 255; Note, 48 Colum.L.Rev. supra at 423.
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