Bassett v. Mashantucket Pequot Tribe

204 F.3d 343 (2nd Cir. 2000)

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Nature of the Case

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Facts

P produces films and television programs. D is a federally recognized Indian tribe with a reservation located within the geographical boundaries of the State of Connecticut. P met with D to discuss the possibility of producing a film for Mashantucket Pequot Museum (Museum (D)) about the Pequot War of 1636-38. P and D entered into a letter agreement for the development and production of a film about the War. P would 'hire and supervise the development and writing of a screenplay by Keith Merrill and George Burdeau,' and D would 'compensate' P for development costs according to an agreed schedule. It also stipulated that 'at such time' that D approved the final draft of the screenplay, P would have exclusive rights to produce the film for exhibition at Museum (D). Before October 30, 1995, P delivered to D a script that she had written, based on a 'script scenario' she had developed with assistance from her associate Allan Eckert. The script was prominently marked on its first page, ' 1995 Bassett Entertainment Corporation.' The picture was entitled, 'The Witness.' In September 1996, P sought an injunction as well as other copyright remedies on the ground that Ds used P's copyrighted script without her consent or license in order to produce their own film. P alleged various state-law torts. Ds moved to dismiss the complaint for lack of subject matter jurisdiction and for failure to exhaust tribal remedies. Ds argued that the court lacked federal question jurisdiction because P's sole federal claim--her claim for copyright infringement--was 'incidental to' her contract claims, and therefore did not 'arise under' federal law. Ds' motion to dismiss was granted and P appealed.