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U.S. Code as of:
01/19/04
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whether published or unpublished, are governed exclusively by this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.
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