Ballentine

This litigation began with the filing in the United States District Court of a complaint by Marie Ballentine, as Guardian of the Estate of Stephen William Ballentine, a minor, as plaintiff, for declaratory relief against Marie DeSylva, as defendant. The defendant filed motions to dismiss the complaint, to strike therefrom, and for enlargement of time. The district court denied the motion to dismiss, and the other motions seem never to have been acted upon. The defendant answered the complaint, and in the answer herself prayed for a declaratory judgment.

Upon these pleadings, together with an agreed “Statement of Undisputed Facts”, “Stipulation Re Statement of Facts”, and affidavits, the cause was submitted to the district court upon the defendant’s motion for a summary judgment over the objection of the plaintiff. The plaintiff also made a motion for summary judgment which was not directly ruled upon. Findings of fact and conclusions of law, and judgment for defendant followed, to the effect that:

(1) Defendant is the sole owner of all right to renewals and extensions of all copyrights in which George G. DeSylva, now deceased, had an interest.

(2) Plaintiff is not entitled to…

(dissenting).

This cause should be remanded to the District Court with direction to dismiss.

There is no diversity of citizenship and no suit for accounting can be entertained in the national courts between citizens of California, without more. Although it is obvious that this is not a suit for infringement, it is urged that there is jurisdiction because it is a civil action arising under an “Act of Congress relating to copyrights.”

The acts of Congress which relate to this particular situation provide that a “person may obtain registration of his claim to copyright by complying with the provisions of this title,” 17 U.S.C.A. § 11 . Plaintiff has not alleged any compliance with the provisions of the title. She is not, nor is her ward, the author or composer of the works in question. At the outside then, plaintiff claims that Stephen William Ballentine has a right to register as part owner of a renewal of a copyright. The statute in this regard provides: “ * * * the widow, * * * or children of the author, if the author be not living, * * * shall be entitled to a renewal * * * when application for such renewal and extension shall have been made to the copyright office and duly…