Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> Dan Agin <specpress[_at_]earthlink.net> wrote:
> >
> > News is not protected, only the expression of news is protected.
>
> This statement is true only in copyright analysis. The common law
> tort of misappropriation is alive, if not entirely well, in many
> jurisdictions.
John Lederer <johnl[_at_]ibm.net> asked:
>
> How does that square with the preemption clause of the copyright law
> assuming that the tort is based on a state right?
To the extent that the misappropriation involves materials that are not protected by copyright (e.g., facts, or an unfixed live performance), the Copyright Law would not preempt the state law misappropriation action. Remember that in ProCD v. Zeidenberg, which involved violation of a shrinkwrap license protected a purely factual database, the Circuit Court reversed the District Court's finding of preemption by pointing out that parties frequently--by contract, license, or otherwise---provide for the protection of materials that are not covered by copyright law.
Bob Cumbow
<cumbr[_at_]perkinscoie.com>
Received on Wed May 28 1997 - 18:29:05 GMT
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