Bassett v. Mashantucket Pequot Tribe
United States Court of Appeals for the Second Circuit
204 F.3d 343 (2000)
Bassett (plaintiff), a film producer, contracted with the Mashantucket Pequot Museum and Tribe (defendants) to write a screenplay for a documentary, with the understanding that if the Tribe approved it, Bassett's production company would have the exclusive right to produce the documentary for the museum. After Bassett delivered the screenplay, the Tribe terminated the contract and produced its own documentary on the same historical subject. Bassett sued for copyright infringement along with contract and tort claims, seeking an injunction and other copyright remedies. The district court dismissed for lack of subject-matter jurisdiction, reasoning the copyright claim was merely incidental to the state-law claims, and Bassett appealed.
Whether federal-court jurisdiction is proper under 28 U.S.C. section 1338 if the claim alleged or remedy sought is based on the Copyright Act.