Follow Us

Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment and Sports Law Litigation

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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. Courts typically find state law claims such as breach of contract have an extra element. Other state law claims, such as conversion, get varying court determinations as to whether they are preempted under §301.

To continue reading,
become a free ALM digital reader

Benefits include:

*May exclude premium content

Read These Next