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The suit must go on — Copyright Act doesn’t preempt TV contract claim


SKU: IIPye123. Category: .


Abstract: The Copyright Act can provide much protection. But, as a recent case in the U.S. Court of Appeals for the Second Circuit illustrates, it has its limits. This article discusses the case, in which the court didn’t uphold preemptive protections for a defendant being sued for breach of contract related to copyrightable material. The court concluded that a breach of contract claim including a promise to pay is qualitatively different from a lawsuit to vindicate a right included in the Copyright Act. Therefore, the claim isn’t preempted. Citation: Forest Park Pictures v. Universal Television Network, No. 11-2011-cv, June 26, 2012 (2nd Cir.)

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