Re: Copyright or Trademark a Program?

From: Dan L Burk <BURKDANL[_at_]shu.edu>
Date: Wed, 24 Mar 1999 14:16:52 -0400

On 03/23/99, Terry Carroll <carroll[_at_]tjc.com> wrote:
>
> On Sat, 20 Mar 1999, Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
> >
> > Actually, I noticed just the other day that California's anti-piracy
> > statute -- held not to be preempted in Goldstein, prior to the
> > addition of sound recordings to the federal act -- is still on the
> > books. (It doesn't apply to unfixed works, of course, and would
> > surely be preempted now.)
>
> No, it's still operational and not preempted. Sound recordings fixed
> prior to 1972 are still governed by state, not federal, copyright law,
> and state provisions relating to them are not preempted until Feb 15,
> 2047. See 17 USC 301(c).

Sorry I was unclear. By "preempted now" I meant with regard to sound recordings currently fixed, not with regard to sound recording fixed prior to the federal statutory amendment (i.e., those at issue in Goldstein).

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

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Received on Wed Mar 24 1999 - 19:22:50 GMT