Guides · Copyright Litigation
Where Copyright Cases Are Heard
Claims for copyright infringement belong exclusively to the federal courts.
· Law checked through October 21, 2026
In Short
Texas state courts, including the Business Court, can hear disputes over licenses and contracts that involve copyrights, so long as the claim does not arise under the Copyright Act; if it does, any party may remove it to federal court. Small claims can go to the Copyright Claims Board, and infringing imports to the International Trade Commission.
Common situations.
- A Houston company wants to sue a California website operator that copied its content.
- A software developer sues in state court for unpaid license fees, and the licensee answers that it owns the code.
- A party to a software license dispute worth more than $5 million considers the Texas Business Court.
- Infringing copies of a product are being imported from overseas.
The forums.
| Forum | What it hears | Notes |
|---|---|---|
| Federal district court | Infringement and other claims arising under the Copyright Act | Exclusive jurisdiction; no state court may hear these claims (28 U.S.C. § 1338(a)) |
| Texas district court | License, contract, and ownership disputes that do not arise under the Copyright Act | A claim arising under the Act may be removed by any party (28 U.S.C. § 1454) |
| Texas Business Court | Actions arising out of or relating to the ownership, use, or licensing of intellectual property, where more than $5 million is in controversy | Tex. Gov't Code § 25A.004(d)(4); limited to claims a state court may hear; appeals to the Fifteenth Court of Appeals (§ 25A.007(a)) |
| Copyright Claims Board | Claims worth $30,000 or less against U.S. residents | Voluntary; respondent may opt out (17 U.S.C. § 1506(i)). See The Copyright Claims Board |
| International Trade Commission | Imports that infringe a registered copyright | Exclusion orders, not damages (19 U.S.C. § 1337(a)(1)(B)) |
| Arbitration | Disputes the parties agreed to arbitrate | Common in license and development agreements |
Federal or state court.
A claim "arises under" the Copyright Act if it seeks a remedy the Act grants, such as damages for infringement, or requires construing the Act (Goodman v. Lee, 815 F.2d 1030 (5th Cir. 1987)). A suit for unpaid royalties or breach of a license generally arises under contract law and may stay in state court. A dispute over who owns a copyright may arise under either, depending on whether it turns on the Act (for example, whether a work was made for hire) or on a contract. A state-law claim that is equivalent to copyright is preempted, and in the Fifth Circuit can be removed as a federal claim (Spear Mktg., Inc. v. BancorpSouth Bank, 791 F.3d 586 (5th Cir. 2015)). See Proving Copyright Infringement.
Personal jurisdiction and venue.
- Venue. A copyright suit may be brought in any district where the defendant or its agent resides or may be found (28 U.S.C. § 1400(a)). Courts generally treat a defendant as "found" wherever it is subject to personal jurisdiction.
- Personal jurisdiction. The claim must arise out of or relate to the defendant's contacts with Texas (Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct., 592 U.S. 351 (2021)). A website that is merely accessible in Texas is not enough (Johnson v. TheHuffingtonPost.com, Inc., 21 F.4th 314 (5th Cir. 2021)). Sales, shipments, and other deliberate dealings with Texas residents can be.
- Transfer. A defendant may seek transfer to a clearly more convenient district (28 U.S.C. § 1404(a); In re Volkswagen of Am., Inc., 545 F.3d 304 (5th Cir. 2008) (en banc)).
The four Texas districts.
Texas has four federal districts: the Northern (including Dallas and Fort Worth), Southern (including Houston), Western (including Austin and San Antonio), and Eastern (including Plano and Tyler). Each has its own local rules. Appeals from all four go to the Fifth Circuit, unless the case also includes a patent claim. See Appeals in Copyright Cases.
Sources.
- 17 U.S.C. §§ 301, 1506(i).
- 19 U.S.C. § 1337(a)(1)(B).
- 28 U.S.C. §§ 1338(a), 1400(a), 1404(a), 1454.
- Tex. Gov't Code §§ 25A.004(d)(4), 25A.007(a).
- Goodman v. Lee, 815 F.2d 1030 (5th Cir. 1987).
- Spear Mktg., Inc. v. BancorpSouth Bank, 791 F.3d 586 (5th Cir. 2015).
- Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct., 592 U.S. 351 (2021).
- Johnson v. TheHuffingtonPost.com, Inc., 21 F.4th 314 (5th Cir. 2021).
- In re Volkswagen of Am., Inc., 545 F.3d 304 (5th Cir. 2008) (en banc).
This guide is general information, not legal advice. Law checked through October 21, 2026. See the Disclaimer.