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.
How NY Courts Find Copyright Preemption of State Law Right of Publicity Claims
To survive preemption under §301 of the Copyright Act, 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 that 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.
By
Stan Soocher
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