Re: copyright and UCC

Harold Federow <hfederow[_at_]u.washington.edu> wrote:
>
> On Wed, 29 Jan 1997, fantome[_at_]deltanet.com (William M Jacobson) wrote:
> >
> > I am seeking any information I can find on the proposed Article 2B
> > of the Uniform Commercial Code. Any information on how 2B will impact
> > copyright would be most appreciated. Thanks! - Bill
>
> Since the UCC is a state enactment, obviously the copyright act
> preempts.

Yes, but. . . . There are many issues relating to copyrighted intellectual property which are controlled by contract (state law) and which are not preempted, e.g., much of licensing (the major topic driving the creation of a new article 2B). Also most of trade secret law is still state law.

Preemption is a slippery business (statutory v. supremacy clause preemption, for example). But, where the copyright act speaks, it preempts. Where it is silent - well - maybe, maybe not.

Cheers,
Steve Jamar
Howard Law

"Substitute 'damn' every time you're inclined to write 'very' ~~ your editor will delete it and the writing will be just as it should be." -- Mark Twain

Steven D. Jamar
Professor of Law & Dir. Legal Research & Writing Program Howard University School of Law
2900 Van Ness Street NW
Washington, D.C. 20008
voice: 202-806-8017 fax: 202-806-8428 email: sjamar[_at_]law.howard.edu Received on Mon Feb 03 1997 - 05:09:35 GMT