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Copyright preemption

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For most of the history of the United States, state and common law copyright protections coexisted with federal copyright laws. But the Copyright Act of 1976 amended Title 17 of the U.S. Code to preempt state laws that provide rights "equivalent to" rights granted under federal copyright law. Section 301 of the 1976 Copyright Act (17 U.S.C. §301) states, in pertinent part:

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For most of the history of the United States, state and common law copyright protections coexisted with federal copyright laws. But the Copyright Act of 1976 amended Title 17 of the U.S. Code to preempt state laws that provide rights "equivalent to" rights granted under federal copyright law. Section 301 of the 1976 Copyright Act (17 U.S.C. §301) states, in pertinent part: Despite this preemption, copyright law continues to be intertwined with state law in certain cases, such as those involving license agreements and other contracts governing ownership and use of copyrighted works. State copyright law also continues to apply to sound recordings recorded before 1972, because sound recordings were not protected by federal copyright law until 1972. Consequently, pre-1972 sound recordings may still be protected by state copyrights until 2067.