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U.S. Court Asserts Jurisdiction over Copyright Infringement Claim
The U.S. Court of Appeals for the 11th Circuit recently upheld a district court's finding that it had subject matter jurisdiction over a copyright infringement claim. The case involved the distribution of educational course materials in the U.S. The defendant's materials infringed the copyrights held by the plaintiff. The defendant had created the infringing course materials in France and marketed them on the Internet, using a website maintained in the U.S., and sold at least 25 copies of the materials to residents of the U.S. which copies were shipped from France to the U.S.
Reviewing the issue of subject matter jurisdiction de novo, the Court of Appeals held that where a person imports an infringing work into the U.S., the federal courts have jurisdiction over the action for infringement since the distribution and importation of a copyrighted work is a right of the owner of the copyright.
The Court of Appeals also held that the defendant consented to the personal jurisdiction of the district court by appearing before the court without contesting the court's jurisdiction over his person or his amenability to process in the district. For the same reason, the Court of Appeals held that the district court was also the proper venue for the proceeding.
For a copy of the Court of Appeals decision, visit: