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Series

Faculty Scholarship

1993

Western New England University School of Law

Arising under

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Full-Text Articles in Law

"Arising Under" Jurisdiction And The Copyright Laws, Amy B. Cohen Jan 1993

"Arising Under" Jurisdiction And The Copyright Laws, Amy B. Cohen

Faculty Scholarship

Does a claim arise under the copyright laws when a critical allegation is that a party's use of a copyrighted work is unpermitted and infringing because such use was limited by the terms of a contract? The federal courts of appeals have confronted this question in a number of recent cases. Many have concluded that federal jurisdiction exists, reversing district court judgments of dismissal for lack of subject matter jurisdiction.

Despite these repeated attempts to resolve the matter, however, this question continues to confound the courts, which lack a clear approach to defining when a claim arises under the ...