Re: "hot news" myth

Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> 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.

Wasn't the gravamen of the 7th Circuit decision that contract rights were not the "rights" that the preemption clause referred to? The 7th Circuit seemed to say that preemption only applied to rights created by state law (statutory or common) not contract rights.

Misappropiation is not usually a contract right -- it is a statutory or common law right.

Perhaps I should reread the 7th Circuit decision.

-- 
Regards,
John Lederer
Oregon, Wisconsin
<johnl[_at_]ibm.net>

Where Spring means I can't close the garage door because 
the robins built a nest on my bike, I have to use the back door
because there are four baby bunnies in the juniper by the front door,
and I discovered the mice had filled my dress shoes with popcorn.