Nova Stylings, Inc., a California Corporation v. David L. Ladd, Register of Copyrights

Nova Stylings, Inc. (Nova) brought a mandamus action under 28 U.S.C. § 1361 to compel the Register of Copyrights to register Nova’s claims of copyright. The district court, the Honorable Terry J. Hatter presiding, dismissed the action for lack of subject matter jurisdiction. We affirm.

I. FACTS

In 1979, Nova submitted several jewelry designs for copyright registration. The Copyright Office, through its Register of Copyrights, refused to register ten of the designs because they purportedly were not “original works of authorship” as required by 17 U.S.C. § 102 (a).

In September of 1979, Nova brought a mandamus action under 28 U.S.C. § 1361 to compel registration. The Register moved for dismissal under Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction or, in the alternative, for summary judgment under Fed.R.Civ.P. 56(e). Nova made a cross motion for summary judgment. Judge Hatter granted the Register’s motion to dismiss for lack of subject matter jurisdiction. It was Judge Hatter’s belief 17 U.S.C. § 411 (a), which allows a party to sue for infringement even though registration has been denied, is an adequate alternative remedy making mandamus jurisdiction…