-3-Monica, CA; Michael Denniston, Bradley, Arant, Rose & White, LLP, Birmingham,1AL; Christopher M. Graham, Levett Rockwood P.C., Westport, CT; Raymond2Castello, Fish & Richardson PC, New York, NY,
on the brief
, Kohn Swift & Graf, P.C., Philadelphia, PA (Joshua D. Snyder,6Kohn Swift & Graf, P.C.; Diane S. Rice, Hosie MacArthur LLP, San Francisco, CA;7A.J. De Bartolomeo, Girard Gibbs & De Bartolomeo LLP, San Francisco, CA; Gary8Fergus, Fergus, A Law Firm, San Francisco, CA,
on the brief
.10 _________________________________ 11STRAUB,
:12This class action copyright litigation arises from the unauthorized electronic reproduction13of various written works. Named plaintiffs and class members consist mainly of freelance14writers who contracted with publishers to author the works for publication in print media, and15retained the copyrights in those works. The contracts did not grant the publishers the right to16electronically reproduce those works or license them for electronic reproduction by others. But17the publishers did so anyway.18Plaintiffs then brought this class action on the theory that such electronic reproduction19infringed their copyrights. After years of negotiations, class and defense counsel finally agreed20on a settlement. Following lengthy motion practice, the District Court for the Southern District21of New York certified a class and approved the settlement. We review that order and judgment22on this appeal.23The overwhelming majority of claims within the certified class arise from the24infringement of unregistered copyrights. We have held, albeit outside the class action context,25that district courts lack statutory subject matter jurisdiction over infringement claims arising from26unregistered copyrights.
See Well-Made Toy Mfg. Corp. v. Goffa Int’l Corp.
, 354 F.3d 112, 11527