Re: Historical minimum amount in controversy?

>>> "S. Martin Keleti" <keleti[_at_]manifesto.com> 10/17 3:41 PM >>>
I recall seeing an old case (early 20th century) where it was mentioned in passing that there was a minimum amount in controversy for a copyright case ($10,000 was the amount). I have seen the minimum increase for diversity actions, but was there such a requirement for federal question jurisdiction as well? <<<<<

There used to be a $10,000 minimum amount in controversy in federal question cases, but I forget when it was finally removed.

>>>>>
Was there a time when a copyright infringement action didn't have to be a federal case (literally) and might even be litigated in small claims court? <<<<<

Until 1819, there was no federal jurisdiction; a federal copyright case had to be heard in state court. Beginning in 1819, there was original (but not exclusive) jurisdiction over copyright claims in the federal courts. Jurisdiction over copyright claims became exclusively federal (with no minimum amount in controversy) in 1873. There was no general federal question statute until 1875.

So, your early 20th Century case may have mistakenly applied the general federal question statute, which at the time required a $10,000 amount in controversy, instead of applying the specific copyright statute, which did not.

Tyler T. Ochoa
Associate Professor
Whittier Law School Received on Thu Oct 19 2000 - 23:14:49 GMT