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Information for "Copyright Law/State Law and Its Preemption"
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| Display title | Copyright Law/State Law and Its Preemption |
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| Page creator | Lost Student (talk | contribs) |
| Date of page creation | 02:22, September 7, 2020 |
| Latest editor | Lost Student (talk | contribs) |
| Date of latest edit | 02:22, September 7, 2020 |
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This attribute controls the content of the description and og:description elements. | Throughout the history of copyright law in the United States, the laws of the several states—under a variety of legal theories—have afforded protection against the unauthorized copying or other use of the intellectual creations of others. Most significantly, until 1978, state law generally forbade the unauthorized first printing or public distribution of an unpublished work. This was known as common-law copyright, typically afforded by judicial development but sometimes by state statute. Since the amendment of the Copyright Act, effective January 1, 1978, which extended federal protection to all works from the moment they are “fixed in a tangible medium of expression,”[1] federal copyright has automatically attached to even unpublished works. Under the terms of section 301 of the Act, “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” Because state common-law copyright afforded relief against conduct—copying or public distribution pure and simple—that is exactly the same as that proscribed by the 1976 Act, Congress determined that the exclusive rights, limitations, remedies, and federal jurisdiction that are provided through the federal act should preempt state copyright law. |
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