On Fri, 29 Oct 1999, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> Suppose California enacted a "mini-copyright" act, identical in all
> respects to the federal statute, but giving a cause of action in state
> court. It probably doesn't conflict with the federal law, and may even
> reinforce it. Still, it is preempted under 17 USC sec. 301 because it
> creates "a right equivalent to copyright."
Mark, I don't agree with this example. While the mini-copyright act reinforces the Copyright Act by giving an additional forum, the state act conflicts with the federal act by taking away the procedural advantages a plaintiff has in a federal court and by creating inconsistent outcomes which Congress tries to avoid.
Peter Yu
<peter_yu[_at_]email.msn.com>
Received on Mon Nov 01 1999 - 13:33:26 GMT
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