Re: preemption

On Mon, 1 Nov 1999, Peter Yu <peter_yu[_at_]email.msn.com> wrote:
>
> 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.

There is a state action tantamount to a federal copyright action. It is Plagerism. At least there was about 12 rears ago, which was the last time I was involved in litigation of this sort. The elements of proof, as I recall, were virtually identicle to the Fed action. Of course it can be removed to fed court if defendant so chooses.

Scott Brody
<asbrody[_at_]earthlink.net> Received on Tue Nov 02 1999 - 17:49:42 GMT