publication . Article . 2008

Copyright Preemption of Contracts

Bohannan, Christina;
Open Access English
  • Published: 12 Jun 2008
  • Publisher: eScholarship, University of California
  • Country: United States
This Article argues that both courts and scholars are wrong in their categorical approaches to preemption of contracts under the Copyright Act, and proposes an intermediate approach that recognizes the importance of both contract rights and federal policy in preemption analysis. First, it argues that both courts and scholars have misapplied preemption law to breach of contract claims. Although the two sides tend to favor opposite results, they take equally categorical approaches. Categorical approaches to the issue of contract preemption are antithetical to preemption law. Under either express or implied preemption, courts must consider whether a particular stat...
free text keywords: Copyright Act, copyright, contract law, preemption
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