In rem actions and copyright, jurisdiction

From: Carol Shepherd <shepherd[_at_]arborlaw.com>
Date: Fri, 30 Oct 1998 13:54:20 +0000

Fellow attorney listmembers:

Carl Oppedahl recently posted on a couple of IP lists concerning in rem actions for title to domain names. This got me thinking on a related tack. Has anyone had experience filing a declaratory judgment action or in rem action to determine ownership of a copyright res?

Where is the res of a copyright located, for purposes of filing such an action? Would an action be filed in state court (my first thought, ie, location of the res when it is first created) or in federal court (ie, location of the Copyright Office)? Does it matter if two people "virtually" create a joint work (ie, different parts of the same website, music and lyrics of a song) because they are in two different states (or other jurisdictional boundary) at the time of creation? Apologies for cross-posting.

-- 
Carol Ruth Shepherd
Arborlaw Associates PLLC
Ann Arbor, Michigan USA
+1 734 668 4646 tel   +1 734 663 9361 fax
business, technology, entertainment and new media law
shepherd[_at_]arborlaw.com
Received on Fri Oct 30 1998 - 18:50:21 GMT

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