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Apr. 20, 2022

Copyright preemption, complete preemption, and federal jurisdiction

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Cyndi J. Claxton

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Marc David Peters

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A writer sues a movie studio for breach of implied contract for making a movie allegedly based on their script. Athletes sue a licensing company for violating their right of publicity by selling rights to photographs of them. A music promoter sues a singer-songwriter for breaching their contract by performing songs for another label.

Cases like these may seem like copyright cases in disguise. Claims for unjust enrichment, breach of implied...

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