Rano v. Sipa Press Inc., 987 F.2d 580 (1993) p.840

SUBJECT

preemption

FACTS

State contract law and a federal statute.

PROCEDURE

CA court agreed that copyright law preempted federal law.

ISSUE

Whether Rano had effectively terminate the 1978 license agreement, thus making later distributions of his photographs by Sipa a copyright infringement.

HOLDING

Since California law and federal law are in direct conflict, federal law must prevail.

RATIONAL

Under state law the contract was terminable at will, just be giving notice.
Under copyright law (section 203) says you can only terminate during 5 year window of the license.

Created on: Thursday, November 18, 1999 at 19:53:06 (PST)