T.B. HARMS COMPANY V. ELISCU
339 F.2d 823 (2d Cir.1964)
NATURE OF THE CASE: This was an action to determine ownership of copyrighted material and
an appeal from the dismissal of the complaint that sought equitable and declaratory relief
and dismissed for lack of jurisdiction.
FACTS: Eliscu (D) contracted with Harms (P) to use his copyright on a number of songs
composed for a motion picture in 1933. P contends that D assigned his rights to certain
songs to Dreyfus and that P was the successor in interest to this assignment of the rights.
D denied the assignment and claims that the copyrights were properly renewed and were
assigned to a Jungnickel (D1) thirty years after the alleged assignment to Dreyfus. When the
contract came up for renewal there was an argument and D brought an action in state court
for declaratory relief of his rights under the contract. P brought an action in district
court to determine the ownership rights to the copyright under 28 USC 1338. D's motion to
dismiss the action in federal court was granted; title to the copyright was a matter of
state rather than federal law. The federal court had no jurisdiction. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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