United StatesCopyright Act, federal preemption, 17 U.S.C. § 301
In force since .
A hot news misappropriation rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Categories
- Publisher right
What it requires
- Expect any state-law right equivalent to the exclusive rights under the Copyright Act, in works fixed in a tangible medium, to be preempted.
- Expect most state hot-news misappropriation claims to be preempted unless they contain genuine 'extra elements' beyond copying and redistributing protected expression (Barclays Capital).
- You need not obtain a press publisher's authorisation under federal law: there is no US federal press-publisher neighbouring right, the EU-style ancillary copyright of Article 15 of the Digital Single Market (DSM) Directive has no counterpart, and § 301 blocks states from creating functional equivalents.
These lines are LexLint's reading of the law's text. Also read by: Barclays Capital Inc. v. Theflyonthewall.com, Inc., No. 10-1372-cv (2d Cir. ) (recorded ).
Who enforces it
Settledness
- As of
- Case link
- https://www.govinfo.gov/content/pkg/USCOURTS-ca2-10-01372/pdf/USCOURTS-ca2-10-01372-0.pdf
- Case citation
- Barclays Capital Inc. v. Theflyonthewall.com, Inc., No. 10-1372-cv (2d Cir. )
- Open questions
- What extra element makes a state-law claim over gathered news not "equivalent to any of the exclusive rights within the general scope of copyright" under section 301(a)?
What this law does
Section 301 preempts all state law rights that are equivalent to the exclusive rights under the Copyright Act in works fixed in a tangible medium. Under Barclays Capital, most state hot-news misappropriation claims are preempted unless they contain genuine 'extra elements' beyond the act of copying and redistributing protected expression. There is no US federal press-publisher neighbouring right.
The EU-style ancillary copyright (Article 15 Digital Single Market (DSM) Directive) has no counterpart in US federal law, and § 301 blocks states from creating functional equivalents.
How courts have read itPremium data
Our analysis of this law draws on 27 court rulings.
What each ruling held, what it means for an app, and whether it still stands are premium data, in the Plus, Pro and Enterprise plans.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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