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§ 429.30.Demand For Relief On Account of Alleged Infringement of Plaintiff's Rights In and to Literary, Artistic Or Intellectual Production

Title 6. Of the Pleadings In Civil Actions · Chapter 2. Pleadings Demanding Relief · Article 5. Contents of Documents in Particular Actions or Proceedings · Enacted 1971 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 429.30 requires a complaint alleging infringement of a literary, artistic, or intellectual production to attach a copy of both the original and the allegedly infringing production, or explain why attachment isn't practical, without that attachment counting as publication.

Full Text of § 429.30

Text sizeJump to: (a) (b)

(a) As used in this section:
(1) "Complaint" includes a cross-complaint.
(2) "Plaintiff" includes the person filing a cross-complaint.
(b) If the complaint contains a demand for relief on account of the alleged infringement of the plaintiff's rights in and to a literary, artistic, or intellectual production, there shall be attached to the complaint a copy of the production as to which the infringement is claimed and a copy of the alleged infringing production. If, by reason of bulk or the nature of the production, it is not practicable to attach a copy to the complaint, that fact and the reasons why it is impracticable to attach a copy of the production to the complaint shall be alleged; and the court, in connection with any demurrer, motion, or other proceedings in the cause in which a knowledge of the contents of such production may be necessary or desirable, shall make such order for a view of the production not attached as will suit the convenience of the court to the end that the contents of such production may be deemed to be a part of the complaint to the same extent and with the same force as though such production had been capable of being and had been attached to the complaint. The attachment of any such production in accordance with the provisions of this section shall not be deemed a making public of the production within the meaning of Section 983 of the Civil Code.

Plain-English Summary

Section 429.30 sets a pleading requirement specific to infringement claims involving a literary, artistic, or intellectual production. Subdivision (a) extends the section's terms to cross-complaints, defining “complaint” to include a cross-complaint and “plaintiff” to include the person filing one.

Subdivision (b) states the core rule: if the complaint demands relief for alleged infringement of the plaintiff's rights in such a production, a copy of the original production and a copy of the alleged infringing production must be attached to the complaint. If bulk or the nature of the production makes attachment impracticable, the complaint must say so and explain why, and the court must then order a viewing arrangement that suits its own convenience so the production's contents can be treated as part of the complaint to the same effect as if a physical copy had been attached.

The section closes with a protective clause: attaching the production to the complaint under this section does not count as making the work public within the meaning of Civil Code § 983. A plaintiff pursuing an infringement claim does not risk losing whatever protection unpublished status carries under that provision by complying with this pleading rule.

Frequently Asked Questions

Do I have to attach a copy of my work to an infringement complaint in California?

Yes, generally. Section 429.30(b) requires attaching a copy of the original production and a copy of the alleged infringing production whenever the complaint demands relief for infringement of the plaintiff's rights in a literary, artistic, or intellectual production.

What if the work is too large or bulky to physically attach to the complaint?

Section 429.30(b) allows the complaint to state that fact and explain why attachment is impracticable, and directs the court to order a viewing arrangement so the production's contents are treated as part of the complaint to the same effect as an actual attachment.

Does attaching my unpublished work to a complaint count as publishing it?

No. Section 429.30(b) states that attaching a production under this section is not deemed a making public of the production within the meaning of Civil Code § 983.

Amendment History

Added by Stats. 1971, Ch. 244.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: infringement complaint attachment requirement californiaattaching copyrighted work to complaint californialiterary artistic production infringement pleading