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37. Should the court grant the instructor's motion to remand?
In state court, an instructor brought suit against an entertainer alleging that the entertainer infringed on the instructor's copyright. Copyrights are granted by the federal government and federal courts have exclusive jurisdiction over claims for relief arising under any Act of Congress relating to copyrights. The entertainer removed the copyright action to the local federal court. The instructor then moved to remand the case to state court.
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B is incorrect. Although the court should deny the motion to remand, this is not the correct legal reasoning. The doctrine of «derivative jurisdiction» is inapplicable here, where the federal court may adjudicate the copyright claim based on federal question jurisdiction. Moreover, whether the state court would have jurisdiction to hear the case is not dispositive, as the federal court does have jurisdiction to hear it.
C is incorrect. The instructor's motion should be denied because it is the federal court, not state court, with proper jurisdiction over the suit. Derivative jurisdiction is irrelevant here.
D is incorrect. There is no need to re-file the action to establish federal subject-matter jurisdiction; the case may simply remain in federal court.