B-181749, AUG 2, 1974

B-181749: Aug 2, 1974

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DENIAL OF CLAIM BY TRANSPORTATION AND CLAIMS DIVISION IS SUSTAINED AS GAO HAS NO JURISDICTION TO ACT ON CLAIM FOR COPYRIGHT INFRINGEMENT AGAINST OTHER THAN GOVERNMENT AGENCIES. WE ADVISED THAT THE MATTER OF THE COMPENSATION ALLEGEDLY DUE HIM FOR COPYRIGHT INFRINGEMENT WAS NOT FOR CONSIDERATION BY THIS OFFICE. WE ADVISED THAT THE MATTER WAS TO BE CONSIDERED BY THE COURT IN WHICH SUIT HAD BEEN FILED. THAT ANY ADVERSE ACTION BY THE COURT WAS NOT SUBJECT TO REVIEW BY THIS OFFICE. TO ASSIST IN IMPROVING THE EFFECTIVENESS AND EFFICIENCY WITH WHICH GOVERNMENT PROGRAMS ARE ADMINISTERED. MULLINS ALSO STATED THAT HIS 23-PAGE COMPLAINT FOR COPYRIGHT INFRINGEMENT WAS STOLEN FROM HIS HOME. THIS OFFICE HAS NO COPY OF THE COMPLAINT AND THUS CANNOT FURNISH A REPLACEMENT FOR THE ONE THAT WAS STOLEN.

B-181749, AUG 2, 1974

DENIAL OF CLAIM BY TRANSPORTATION AND CLAIMS DIVISION IS SUSTAINED AS GAO HAS NO JURISDICTION TO ACT ON CLAIM FOR COPYRIGHT INFRINGEMENT AGAINST OTHER THAN GOVERNMENT AGENCIES.

J.E. MULLINS:

MR. J.E. MULLINS STATES THAT SOME YEARS AGO HE NOTIFIED THIS OFFICE THAT A FEDERAL DISTRICT COURT HAD FAILED TO ISSUE TO HIM FUNDS FOR A COPYRIGHT INFRINGEMENT CLAIM AGAINST PARAMOUNT PICTURES CORPORATION WHICH HE HAD PRESENTED TO THE COURT.

OUR RECORDS SHOW THAT ON JANUARY 15, 1944, SUBSEQUENT TO THE COURT'S RETURN OF THE MULLINS' CLAIM HE WROTE THE UNITED STATES TREASURY DEPARTMENT REQUESTING PAYMENT OF HIS CLAIM. THE TREASURY DEPARTMENT FORWARDED HIS LETTER TO OUR OFFICE. ON FEBRUARY 19, 1945, THIS OFFICE ADVISED MR. MULLINS THAT SINCE THE MATTER HAD BEEN PLACED BEFORE THE COURTS WE COULD TAKE NO ACTION. ON JUNE 10, 1952, IN RESPONSE TO FURTHER INQUIRIES FROM MR. MULLINS, WE ADVISED THAT THE MATTER OF THE COMPENSATION ALLEGEDLY DUE HIM FOR COPYRIGHT INFRINGEMENT WAS NOT FOR CONSIDERATION BY THIS OFFICE. RATHER, WE ADVISED THAT THE MATTER WAS TO BE CONSIDERED BY THE COURT IN WHICH SUIT HAD BEEN FILED, AND THAT ANY ADVERSE ACTION BY THE COURT WAS NOT SUBJECT TO REVIEW BY THIS OFFICE.

IN GENERAL, THIS OFFICE OPERATES AS A CONTROL AGENCY IN THE LEGISLATIVE BRANCH OF THE UNITED STATES GOVERNMENT TO ASSURE COMPLIANCE WITH FEDERAL STATUTES GOVERNING THE EXPENDITURE OF PUBLIC MONEYS APPROPRIATED BY THE CONGRESS FOR THE VARIOUS GOVERNMENTAL PURPOSES, AND TO ASSIST IN IMPROVING THE EFFECTIVENESS AND EFFICIENCY WITH WHICH GOVERNMENT PROGRAMS ARE ADMINISTERED. THUS, THIS OFFICE HAS NO JURISDICTION TO ACT ON A COPYRIGHT INFRINGEMENT CLAIM AGAINST OTHER THAN FEDERAL AGENCIES.

MR. MULLINS ALSO STATED THAT HIS 23-PAGE COMPLAINT FOR COPYRIGHT INFRINGEMENT WAS STOLEN FROM HIS HOME. UNFORTUNATELY, THIS OFFICE HAS NO COPY OF THE COMPLAINT AND THUS CANNOT FURNISH A REPLACEMENT FOR THE ONE THAT WAS STOLEN.