Harper & Row Publishers, INc. v. Nation Enterprises, 723 F.2d 195 (1983) p.832

SUBJECT

preemption

FACTS

Plaintiff sued because the magazine decided not to publish. One claim was interference with contract (state cause of action). Was an unpublished work so need to determine which rights are applicable (distribution, print, copy, publish). Federal law covers copyright.

ISSUE

State cause of action for intereference of contract with the subject matter of a literary work.

RULE

Because the rights being sought were the same as those to be got under copyright law, so federal law preempted state contract cause of action.

NOTES

Conversion claim was thrown out because the damage was so minimal. But NOT under the preemption theory (like the last case). Conversion was not preempted by federal law here.

Created on: Thursday, November 18, 1999 at 19:47:00 (PST)