Marguerite Dolch v. United California Bank, a Corporation and Catherine D. McAndrew

Appellant Marguerite Dolch filed this action for declaratory judgment and an accounting against United California Bank and Catherine McAndrew. The district court dismissed the action for lack of jurisdiction. We affirm.

I.

FACTS AND ISSUES

Marguerite Dolch and Catherine MeAn-drew were two of the five children of Dr. Edward Dolch and Marguerite Pierce Dolch. Dr. and Mrs. Dolch, both now deceased, were noted educators who coauthored over one hundred copyrighted works in reading instruction. Each owned a half-interest in the copyrights to the bulk of these works. When Dr. Dolch died, his interest was transferred to a testamentary trust for the lifetime benefit of his wife and then for the benefit of his children and grandchildren. Mrs. Dolch transferred her one-half interest to an inter vivos trust for the same beneficiaries soon thereafter.

Under the Copyright Act of 1909, which governs this case, a right to renew a copyright for twenty-eight years vests in the author or designated successors. Although the transfers disposed of all rights to the initial twenty-eight year copyright, they left the right of renewal to vest in Mrs. Dolch and her five children. In order to place…