 | Paul Shaw - 1998 - 262 pages
...effect, "preserved rights under state law with respect to activities violating rights that are not equivalent to any of the exclusive rights within the general scope of copyright." These include misappropriation, trespass, conversion, breaches of contract or trust, defamation, invasion... | |
 | International Literary and Artistic Association - 1997 - 554 pages
...joined the Fourth, Fifth, and Eighth Circuits that have held that rights created by contract are not equivalent to any of the exclusive rights within the general scope of copyright.31 The Court stated 'just as section 301 (a) does not itself interfere with private transactions... | |
 | 1998 - 648 pages
...preemption under section 301(a) of the Copyright Act, which provides that: [A]ll legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright . . . are governed exclusively by this title. . . . [N]o person is entitled to any such right or equivalent... | |
 | Donald L. DeWitt - 1998 - 256 pages
...with digitization even if a work is protected. COPYRIGHT LAW TODAY The Copyright Act protects original works of authorship that are fixed in a tangible medium of expression. With regard to "original works of authorship," the Supreme Court has held that the white pages of the... | |
 | Patrick J. Flinn - 2000 - 1388 pages
...PREEMPTION WITH RESPECT TO OTHER LAWS (a) On and after January 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights...of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively... | |
 | Stanley Lai - 2000 - 280 pages
...view that "whether a particular licence is generous or restrictive, a simple two-party contract is not 'equivalent to any of the exclusive rights within the general scope of copyright'and therefore may be enforced" (ibid at 1455). US writers have commented that the 7th Circuit's... | |
 | Mathias Lejeune - 2001 - 438 pages
...einzelstaatlichen Rechts findet sich in Section 301 des Copyright Act, demzufolge „all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright ..." angesichts des Vorrangs des Bundesrechts weichen müssen.11 Die alles entscheidende Frage, die... | |
 | Brian W. Smith - 2001 - 894 pages
...federal copyright laws did not preempt the state contract law because rights created by contract are not "equivalent to any of the exclusive rights within the general scope of copyright."15 However, not every court has found shrinkwrap licenses to be enforceable. For example,... | |
 | 293 pages
...undertakings commenced before January 1, 1978; (3) activities violating legal or equitable rights that are not equivalent to any of the exclusive rights within the...general scope of copyright as specified by section 106; or (4) State and local landmarks, historic preservation, zoning, or building codes, relating to architectural... | |
 | David A. Gettman, Dean Arneson - 2003 - 452 pages
...law. Section 301(a) of the Copyright Act provides in pertinent part: All legal or equitable rights that are equivalent to any of the exclusive rights...within the general scope of copyright as specified in section 106 in works of authorship that are fixed in a tangible medium of expression and come within... | |
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January 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright... 
