What is the test to determine if a claim under state law is preemption?
MultiRegion, United States of America
The following excerpt is from Hemlock Hat Co. v. Diesel Power Gear, LLC, Case No.: 19-cv-02422-AJB-AHG (S.D. Cal. 2020):
There is a two-part test to determine whether a state law claim is preempted. "First, the content of the protected right must fall within the subject matter of copyright as described in 17 U.S.C. 102 and 103. Second, the right asserted under state law must be equivalent to the exclusive rights contained in section 106 of the Copyright Act." Downing v. Abercrombie & Fitch, 265 F.3d 994, 1003 (9th Cir. 2001). "To survive preemption, the
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