Copyright Act Preemption Of State Common Law Right Of PublicityThe United States Copyright Act, a federal law, explicitly preempts all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as defined by the Act. 17 U.S.C.S. § 301(a). Indeed in many occasions, actions violate both federal copyright laws and other similar state statutory and common laws. In these cases and according to the US Copyright Act, state actions are preempted by the Federal Copyright Act. For instance, state common law and state statutory law regarding the right of publicity commonly overlaps with federal copyright laws. This article provides information on the US Copyright Act preemption clause regarding state rights of publicity
The following questions have been addressed in this article:What is the right of publicity?
What is the fair use doctrine?
What are the facts of this case?
How did the court decide whether the Copyright Act preempts state common or statutory law similar or equivalent to the exclusive rights within the scope of the copyrights?
What did the court hold regarding the copyright infringement claim?