Article by Patrick K. Hovet
This note examines the Fifth Circuit’s decision in Di Angelo v. Kelley, where the court found that federal jurisdiction existed in an ongoing copyright dispute between an author and her aggrieved publisher. The court considered the publisher’s factual allegation that it ghostwrote the book at issue, finding that such a claim constituted a valid claim of "authorship" for jurisdictional purposes. Because authorship disputes fall under the ambit of the U.S. Copyright Act, the court held that, from these facts, federal jurisdiction existed. This note first examines the history and development of a robust test to determine jurisdiction in copyright disputes, then considers to what extent the Fifth Circuit’s finding departs from past decisions regarding authorship of copyrighted works.
About the Author
Patrick K. Hovet, J.D. candidate 2023, Tulane University Law School; B.A. 2020, New York University.
Citation
96 Tul. L. Rev. 1019 (2022)