1. Intellectual Property Boston College Law School April 25, 2007 Preemption

2. State Intellectual Property Laws Different areas –Trade Secret –Misappropriation –Contract –Idea Submissions –Publicity –Moral Rights –Trespass Preemption

3. Preemption Subjects –Patent –Copyright –Publicity –Trademark

4. Copyright Preemption Two types of preemption –Constitutional or conflict preemption Source: Supremacy Clause of U.S. Const. Where conflict between federal and state law –Statutory preemption Source: 17 U.S.C. 301 Where state law covers works within subject matter of copyright and grants equivalent rights

5. Statutory Preemption State law preempted where: –(1) Applies to work that falls within the subject matter of copyright law; and Can still be within subject matter, but unprotected E.g. facts from a copyrighted work –(2) Grants rights that are equivalent to the exclusive rights granted under copyright law. Equivalent in kind, not necessarily scope E.g. anti-copy provision, but only for three years

6. Exam Details Format –Take home examination –Freely schedulable, but limited to 24 hours –Open book, no additional research –Strict word limits –Past exam on my general “courses” web site http://www2.bc.edu/~liujr/courses/exams/index.html Content –At least one traditional issue-spotter –At least one broad-based policy essay

7. Administrative Office Hours –Wednesday, 1:30-3:00 p.m. –Thursday, 3:00-5:00 p.m. –Friday, 3:30-5:00 p.m. –Will not be accessible after exam period starts Online course evaluations –Accessed via Agora page