Tag Archives: copyright preemption

A Disturbance in the Force? The Second Circuit Clarifies (and Narrows the Application of) the Law of Copyright Preemption

By Oren J. Warshavsky on July 1, 2012 Posted in Uncategorized

Though it probably has nothing to with a high count of Midi-Chlorians, Hayden Christensen—the actor that played Darth Vader in the Episodes 2 and 3 of George Lucas’s Star Wars series—had the law in the Second Circuit clarified and reversed in his favor. In what could signal a shift in copyright preemption cases, the Second … Continue Reading

A Case of Preemption

By Oren J. Warshavsky on May 25, 2012 Posted in Uncategorized

A ruling from the U.S. District Judge Alison J. Nathan last week decided an issue of first impression, and held that broadcasters’ claims of state law unfair competition were preempted by the United States Copyright Act. The lawsuit brought in the Southern District of New York, was based on a service brought by defendant Aereo, … Continue Reading