A 2001 amendment to the Federal Rules of Civil Proceduremade those rules unequivocally applicable to copyright litigation.82Rule 20(a)(2) allows a plaintiff to join multiple defendants in one
action if: “(A) any right to relief is asserted against them jointly,severally, or in the alternative with respect to or arising out of thesame transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to alldefendants will arise in the action.”83 Under Rule 20(b), however,joinder is not mandatory.84 Even if the Rule 20(a)(2) conditions are met, the court may order separate trials to protect any party against“embarrassment, delay, expense, or other prejudice.”85 Moreover, permissive joinder under Rule 20 must “comport with the principles of fundamental fairness.”86 The court is permitted to sever improperly joined parties at any time, as long as the severance is on just terms and the entire action is not dismissed outright.87 A decision to sever is made on the court’s own motion or on a party’smotion.88