Re: copyright and UCC

On Mon, 3 Feb 1997, sjamar[_at_]law.howard.edu (Steve Jamar) wrote:
>
> 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.

Yes. Don't forget the Motorola case decided a day or two ago, though. From news reports it was based primarily on copyright issues preempting out some of these very state and contract created rights. The rest of the paragraph that you quoted said something like what you say. QUote the whole thing, please.

Harold Federow
<hfederow[_at_]u.washington.edu> Received on Tue Feb 04 1997 - 23:34:30 GMT