Common Law Copyright - Other Uses

Other Uses

Common law copyright is also the term used in the United States to refer to most state law copyright claims. In 1978, Section 301 took effect, preempting all state common law copyright claims that fall under subject matter in Section 102 (Subject matter of copyright: In general) or Section 103 (Subject matter of copyright: Compilations and derivative works) except for sound recordings fixed before February 15, 1972. This leaves a sizable amount of work that still falls under a mixture of state statutes and common law copyright.

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