Followay Productions, Inc. v. David W. Maurer and Charles C. Thomas

Followay Productions, Inc. (“Followay”) appeals from an order dismissing its copyright infringement action on the ground that the action could not proceed in the absence of the copyright owner, Maurer, an indispensable party over whom jurisdiction could not be obtained. Followay contends that the district court erred in refusing to join Maurer as an involuntary plaintiff under Independent Wireless Telegraph Co. v. Radio Corp. of America (1926) 269 U.S. 459 , 46 S.Ct. 166 , 70 L.Ed. 357 . We agree with the district court that Independent Wireless does not authorize involuntary joinder of the copyright holder or his assignee because Followay failed to carry its burden of showing that it had any protectible interest in the renewal copyright allegedly infringed.

On October 9, 1940, Maurer obtained a copyright on his work “The Big Con.” The book was thereafter published in hardback and paperback through Bobbs Merrill Co. and Pocket Books, Inc. On November 29, 1952, Maurer entered a licensing agreement with Followay’s predecessor in interest, Swarttz-Doniger Productions, to produce one motion picture photoplay, not to exceed three reels in length, based upon the story material…