Question

Hans is a body-builder who owns and operates a health club in Freedonia, where he teaches body-building, weight-lifting, and strength exercises. In 1995, Hans wrote and obtained a copyright for a body-building manual entitled Pump You Up. In 2019, Hans learned that Franz, who lives and works in Sylvania (a state located 1,500 miles from Freedonia), was selling photocopies of Pump You Up over a website for profit without permission. Franz sold several copies of Pump You Up to Freedonia residents, gross Freedonia sales only $500.00 from 2004 to 2019.

Hans sues Franz in Freedonia court for copyright infringement, claiming that Franz is subject to personal jurisdiction in Freedonia bassed on Freedonia’s long-arm statute, which reads:

“A court may exercise personal jurisdiction over any non-domiciliary, or his executor or administrator, who in person or through an agent, transacts any business within the state or contracts anywhere to supply goods or services in the state.”

Franz has no office, employees, property, or bank accounts in Freedonia.

Does the Freedonia court have personal jurisdiction over Franz, making him subject to the lawsuit?

Answer 1

Yes, Franz can be sued in the court. Freedonia court have personal jurisdiction over Franz, making him subject to the lawsuit. Hans can sue Franz in Freedonia court for copyright infringement, claiming that Franz is subject to personal jurisdiction in Freedonia bassed on Freedonia’s long-arm statute.

AS per the law "A court may exercise personal jurisdiction over any non-domiciliary, or his executor or administrator, who in person or through an agent if they

1. transacts any business within the state or contracts anywhere to supply goods or services in the state; or

2. commits a tortious act within the state, except as to a cause of action for defamation of character arising from the act; or

3. commits a tortious act without the state causing injury to person or property within the state, except as to a cause of action for defamation of character arising from the act, if he

    (i) regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in the state, or

    (ii) expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce; or owns, uses or possesses any real property situated within the state.

So this is valid under the law.