Michael J. Topolos v. Jeffrey Caldewey, an Individual Dba Vintage Image, Robert Titus, Richard Paul Hinkle, an Individual and Does I Through M

Appellant Michael J. Topolos, the co-author of a book on Napa Valley wineries, appeals the district court’s dismissal of his action against Jeffrey Caldewey, Robert Titus and Richard Paul Hinkle for copyright infringement, unfair competition and breach of ‘contract. The district court dismissed the action for lack of subject matter jurisdiction, finding that although Topolos’ claim was framed as one for copyright infringement it did not “arise under” the copyright laws within the meaning of 28 U.S.C. § 1338 (a). In this appeal Topolos contends that federal jurisdiction lies because the primary and controlling issue in his action is copyright infringement, even though the district court must incidentally resolve the question of the ownership of the copyright.

We hold that Topolos’ claim arises under the Copyright Act within the meaning of 28 U.S.C. § 1338 (a). The action is thus within the exclusive jurisdiction of the federal courts and we reverse the judgment dismissing the case.

1. FACTS

In 1974, appellant Topolos entered into a publishing contract with appellees Caldewey (then doing business as Vintage Image) and Titus. The contract gave Vintage Image the exclusive right to…