Is a state law cause of action precluded by federal copyright law?

California, United States of America


The following excerpt is from Benitez v. Williams, 162 Cal.Rptr.3d 26 (Cal. App. 2013):

5. State law causes of action are preempted to the extent they assert rights equivalent to the exclusive rights protected by federal copyright law. ( Kabehie v. Zoland (2002) 102 Cal.App.4th 513, 517, 125 Cal.Rptr.2d 721.) Defendants do not contend plaintiff's state law claims are preempted by federal copyright law or that the trial court did not otherwise have subject matter jurisdiction over these claims. We express no opinion on the merits of plaintiff's state law claims.

Other Questions


Does the pendency of a federal action brought by a state against a federal defendant have any bearing in determining whether the federal action is pending? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
What is the difference between federal and state courts on the issue of "identical issue" in a civil action brought by a plaintiff against a former federal judge? (California, United States of America)
Is a permit issue a cause of action for breach of contract, fraud and related causes of action? (California, United States of America)
Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct in a federal or federal criminal case? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
Can a cause of action first asserted in state court relate back to a claim made in federal court? (California, United States of America)
Does a state cause of action have to be a federal pre-emption? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.