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How NY Courts Find Copyright Preemption of State Law Claims

Under §301 of the U.S. Copyright Act, state law claims that are "equivalent" to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim.

5 minute read August 01, 2021 at 12:17 AM
By
Stan Soocher
How NY Courts Find Copyright Preemption of State Law Claims

Under §301 of the U.S. Copyright Act, state law claims that are "equivalent" to exclusive rights in copyrights granted by federal law are preempted by the federal statute.

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