Legal Arrangements for Use and Control of Real-Time Data (2011) / Chapter Skim
Currently Skimming:
Pages 14-18
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 14... ...
PROTECTION FOR REAL-TIME DATA UNDER copyright.163 For Section 1202 to apply, "the information STATE LAW removed must function as a component of an automated 164 copyright protection or management system;" the section does not apply if there is a "failure to prove the A Preemption by the Copyright Act of Causes of knowledge or intent requirements for [a]
|
From page 15... ...
Be- tory rights of privacy, publicity, and trade secrets, as well as cause real-time transit data comes within the scope of the general law of defamation and fraud, were extinguished as copyright, a state law claim would be preempted that is long as "those causes of action do not concern the subject matequivalent to the rights protected by the Copyright Act. ter of copyright and contain qualitatively different elements than those contained in a copyright infringement suit." A right under state law is "equivalent" to one of the rights 189 within the general scope of copyright if it is violated by Huckshold v.
|
From page 16... ...
n object embodying its work'" and finding conversion claim pre- contrast to contract-based claims, a misappropriation claim empted) (citation omitted)
|
From page 17... ...
The Supreme Court wrote that news of the equivalent of hot news for which the Copyright Act has day not preempted a state tort claim for misappropriation. is not the creation of the writer, but is a report of matters In National Basketball Association v.
|
From page 18... ...
v. Wilkesand the games."217 Under the Copyright Act, the NBA Barre Publishing Company,230 in which the defendant could not "assert claims both for infringement of its had published obituaries copied from the plaintiffs' copyright in a broadcast and misappropriation of its newspapers and Web sites, a federal district court in rights in the underlying event."218 Pennsylvania held that the plaintiff's tort claim for The court held that "Section 301 preemption bars misappropriation was preempted by the Copyright Act state law misappropriation claims with respect to un- because one of the extra elements identified in the Nacopyrightable as well as copyrightable elements,"219 (em- 231 tional Basketball Association case was lacking.
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.