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Two recent decisions illustrate the continuing debate over the scope of the pre-emption clause of the Copyright Act. One, Bowers v. Baystate Techs. Inc., 320 F.3d 1317 (Fed. Cir. 2003), concluded that contract actions are not pre-empted by the Copyright Act, a result in keeping with the majority view. The other, Toney v. L'Oreal United States, No. 02 C 3002, 2002 U.S. Dist. Lexis 21229 (N.D. Ill. Oct. 30, 2002), found a right-of-publicity claim pre-empted by copyright law, a question on which considerable d
May 08, 2003 at 12:00 AM
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The original version of this story was published on National Law Journal
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