Second Circuit Narrows Preemption

, New York Law Journal


In their Copyright Law column, Robert J. Bernstein, practices law in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Reitler Kailas & Rosenblatt, analyze a case of first impression in the U.S. Court of Appeals for the Second Circuit, where the court held that an implied-in-fact contract claim arising from the submission of an idea for a television series was not preempted by the Copyright Act.

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