§ 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
Full Text of § 429.30
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 A plaintiff pursuing an infringement claim does not risk losing whatever protection unpublished status carries under that provision by complying with this pleading rule.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Does attaching my unpublished work to a complaint count as publishing it?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.