Cohen | Okediji | O'Rourke | Loren
Copyright in a Global Information Economy

Throughout the book are examples of how copyright holders have tried to augment their federal copyright protections with contracts or technological innovations. However, another avenue for supplemental protection that has gained increasing favor are state intellectual property rights. This raises questions about the extent to which the federal copyright regime permits states to create new rights. The chapter takes a look at the principles that govern federal preemption and then focuses on three difficult areas of state law: rights of publicity, misappropriation and contracts.

This chapter contains the following decisions, listed in the order they are presented in the text. Click on any case name to see background information as well as the full court opinion.

1. Federal Intellectual Property Preemption: An Overview
   1. Sears, Roebuck & Co. v. Stiffel Co.
   2. Goldstein v. California
   3. Kewanee Oil Co. v. Bicron Corp.
   4. Bonito Boats, Inc. v. Thunder Craft Boats, Inc.
2. Express Preemption Under the 1976 Act
   1. Harper & Row, Publishers, Inc. v. Nation Enterprises
   2. Video Pipeline, Inc. v. Buena Vista Home Entertainment, Inc.
3. The Right of Publicity
   1. Baltimore Orioles, Inc. v. Major League Baseball Players Association
   2. Brown v. Ames
   3. White v. Samsung Electronics America, Inc.
4. Misappropriation
   1. International News Service v. Associated Press
   2. National Basketball Association v. Motorola, Inc.
5. Contract
   1. Vault Corp. v. Quaid Software Limited
   2. ProCD, Inc. v. Zeidenberg
   3. Softman Products Co. v. Adobe Systems Inc.
6. The Misuse Alternative
   1. In re Napster, Inc. Copyright Litigation
   2. Assessment Technologies of WI v. WIREdata, Inc.