Re: Copyright or Trademark a Program?

From: Dan L Burk <BURKDANL[_at_]shu.edu>
Date: Thu, 18 Mar 1999 11:32:43 -0500

On 03/17/99, Thomas Workman <tworkman[_at_]erols.com> wrote:
>
> On Tue, 16 Mar 1999, Ralph Clifford <rclifford[_at_]snesl.edu> wrote:
> >
> > Section 301 does not operate and the author of the speech
> > would be dependent on whatever state remedies are available
> >including state copyright law.
>
> !!! STATE copyright law was preempted !!! If the subject matter could
> be registered under the federal statutes, then no state may protect the
> work under a quasi copyright. See, Bonano Boats case....

That's Bonito, I think.

And Goldstein v. California indicates that state copyright law is only statutorily preempted, not consitiutionally preempted -- so it could, in theory, operate outside the scope of section 301 -- for unfixed works, perhaps.

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Dan L. Burk
Seton Hall University
burkdanl[_at_]shu.edu

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Received on Thu Mar 18 1999 - 16:38:45 GMT