Johnson v. Dudley

Background

Robert Earl Johnson, representing himself, brought copyright-infringement claims against Kathy Dudley. Johnson alleged that he wrote six novels and spent 13 months writing his latest novel, Sob Story. According to the opinion, on May 7, 2020, Johnson agreed to pay Dudley $600 to type and edit the 400-page manuscript for a planned July 23, 2021 publication. He provided her with a laptop and the manuscript. Johnson alleged that Dudley then stopped communicating with him and told multiple people that she intended to publish the novel as her own. He asserted claims for copyright infringement and “theft of copyrighted material,” and sought damages.

Legal standard

Because Johnson was allowed to proceed without prepaying filing fees, the court was required to screen his complaint. The court explained that it must dismiss a fee-free complaint, or part of one, if it is frivolous, fails to state a legally sufficient claim, seeks money from an immune defendant, or falls outside the court’s subject-matter jurisdiction. The court also explained that self-represented pleadings are read liberally, but still must provide enough facts to make a claim plausible.

Copyright-registration requirement

The Copyright Act gives authors exclusive rights in their works when the works are created. But, with limited exceptions, a copyright claimant must obtain registration or preregistration from the U.S. Copyright Office before filing an infringement action. The court noted that literary works being prepared for publication in book form may qualify for preregistration.

The court determined that Johnson had not alleged that he registered or preregistered a copyright for Sob Story. It therefore directed him to show cause—meaning to explain why the court should not dismiss his federal copyright claims. Johnson must submit a written declaration within 30 days stating whether he applied for registration and whether the Copyright Office granted or refused registration.

Disposition

The court did not dismiss the copyright claims in this order. It stated that, if Johnson failed to respond, or if his response showed that he had not registered or preregistered a copyright, it would dismiss the Copyright Act claims without prejudice to refiling them. If the federal claims are dismissed, the court said it would decline to exercise supplemental jurisdiction over Johnson’s state-law claims, which he could refile in state court. The court also certified that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal.