17 U.S.C. § 301 : US Code - Section 301: Preemption with respect to other laws

Search 17 U.S.C. § 301 : US Code - Section 301: Preemption with respect to other laws

      (a) On and after January 1, 1978, all legal or equitable rights
    that are equivalent to any of the exclusive rights within the
    general scope of copyright as specified by section 106 in works of
    authorship that are fixed in a tangible medium of expression and
    come within the subject matter of copyright as specified by
    sections 102 and 103, whether created before or after that date and
    whether published or unpublished, are governed exclusively by this
    title. Thereafter, no person is entitled to any such right or
    equivalent right in any such work under the common law or statutes
    of any State.
      (b) Nothing in this title annuls or limits any rights or remedies
    under the common law or statutes of any State with respect to - 
        (1) subject matter that does not come within the subject matter
      of copyright as specified by sections 102 and 103, including
      works of authorship not fixed in any tangible medium of
      expression; or
        (2) any cause of action arising from undertakings commenced
      before January 1, 1978;
        (3) activities violating legal or equitable rights that are not
      equivalent to any of the exclusive rights within the general
      scope of copyright as specified by section 106; or
        (4) State and local landmarks, historic preservation, zoning,
      or building codes, relating to architectural works protected
      under section 102(a)(8).

      (c) With respect to sound recordings fixed before February 15,
    1972, any rights or remedies under the common law or statutes of
    any State shall not be annulled or limited by this title until
    February 15, 2067. The preemptive provisions of subsection (a)
    shall apply to any such rights and remedies pertaining to any cause
    of action arising from undertakings commenced on and after February
    15, 2067. Notwithstanding the provisions of section 303, no sound
    recording fixed before February 15, 1972, shall be subject to
    copyright under this title before, on, or after February 15, 2067.
      (d) Nothing in this title annuls or limits any rights or remedies
    under any other Federal statute.
      (e) The scope of Federal preemption under this section is not
    affected by the adherence of the United States to the Berne
    Convention or the satisfaction of obligations of the United States
    thereunder.
      (f)(1) On or after the effective date set forth in section 610(a)
    of the Visual Artists Rights Act of 1990, all legal or equitable
    rights that are equivalent to any of the rights conferred by
    section 106A with respect to works of visual art to which the
    rights conferred by section 106A apply are governed exclusively by
    section 106A and section 113(d) and the provisions of this title
    relating to such sections. Thereafter, no person is entitled to any
    such right or equivalent right in any work of visual art under the
    common law or statutes of any State.
      (2) Nothing in paragraph (1) annuls or limits any rights or
    remedies under the common law or statutes of any State with respect
    to - 
        (A) any cause of action from undertakings commenced before the
      effective date set forth in section 610(a) of the Visual Artists
      Rights Act of 1990;
        (B) activities violating legal or equitable rights that are not
      equivalent to any of the rights conferred by section 106A with
      respect to works of visual art; or
        (C) activities violating legal or equitable rights which extend
      beyond the life of the author.