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Katherine Barry Fenwick & West LLP

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Protection or preemption? The Ninth Circuit rules on California contract law claims

USA - August 7 2010 In decisions released within one week of each other, the US Court of Appeals for the Ninth Circuit has affirmed that contractual protections for literary and artistic works can be upheld even if the requirements for a federal copyright claim are not met....

Patrick E. Premo.


Federal copyright law preempts state law breach of confidence and implied contract claims for unauthorized use of works

USA - June 10 2010 On June 3, 2010, the Ninth Circuit Court of Appeals held that federal copyright law preempts common law breach of confidence and implied contract claims in situations where plaintiffs attempt to retain rights to share profits and credit in the underlying works....

Patrick E. Premo.