Ehat v. Tanner, 780 F.2d 876 (1985) p.830

SUBJECT

Federal preemption of state law

FACTS

Scholar brought action alleging injury from unauthorized reproduction and sale of literary material in which he claimed proprietary interest.

PROCEDURE

The District Court for the District of Utah, A. Sherman Christensen, J., entered judgment against defendants. Defendants appealed.

ISSUE

Was there some original expression here and was there some copying? Was the state law preempted?

HOLDING

The Court of Appeals, Seymour, Circuit Judge, held that state common-law claims for unfair competition and unjust enrichment were preempted by federal copyright statute. Reversed and remanded.

RATIONAL

Rights upon which were based state common-law claims for unfair competition and unjust enrichment for unauthorized reproduction and sale of literary material in which scholar claimed proprietary interest, were equivalent to exclusive rights within scope of federal copyright laws, and thus were preempted by federal copyright statutes; scholar sought to recover for damage flowing from reproduction and distribution of his notes, rather than conversion for physical deprivation of his notes. Scholar, who brought action based upon unauthorized reproduction and sale of literary material in which he claimed proprietary interest, could not achieve by unfair competition claim that which he failed to achieve under his copyright claim.

Created on: Thursday, November 18, 1999 at 19:42:47 (PST)