United StatesCopyright Act, federal preemption, 17 U.S.C. § 301
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In force since 1 January 1978.
A hot news misappropriation rule binding public and private bodies.
What this law does
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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.
What it reaches
Instrument type
an act of a legislature
Categories
Hot news, Publisher right
When LexLint raises it
aggregates_content
Read the law
Legal Information Institute (Cornell)
Copyright Act of 1976, effective Jan 1 1978
Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.