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Topic: Miscellaneous
Number of pages / Number of words: 3 / 717
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The U.S. District Court disagreed because a state law claim can be preempted when: “i) the state law claim seeks to vindicate "legal or equitable rights that are equivalent" to one of the bundle of exclusive rights already protected by copyright law under 17 U.S.C. § 106 -- styled the "general scope requirement"; and (ii) the particular work to which the state law claim is being applied falls within the type of works protected by the Copyright Act under Sections 102 and 103 -- styled the "subject matter requirement”

The district court found that the subject matter requirement of the preemption guidelines was not met...


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§ 106 -- styled the "general scope requirement"; and (ii) the particular work to which the state law claim is being applied falls within the type of works protected by the Copyright Act under Sections 102 and 103 -- styled the "subject matter requirement”

The district court found that the subject matter requirement of the preemption guidelines was not met...


Essay fragment

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