· 12/30/1985
Andrew F. Ehat v. Jerald Tanner and Sandra Tanner, Dba Modern Microfilm Company
Citations
- 780 F.2d 876
- 228 U.S.P.Q. (BNA) 679
- 1985 U.S. App. LEXIS 25826
- 54 U.S.L.W. 2391
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding unfair competition and unjust enrichment claims under Utah law were preempted because they sought to provide relief for reproduction and distribution of materials “within the subject matter of copyright”
- preempting a claim of reproduction and interference “with an intangible literary or artistic property right” as the equivalent of copyright
- reversing district court and concluding that Utah state law claims, including claim for unjust enrichment, were preempted under the Copyright Act
- affirming finding that copyright law preempted conversion claim “to recover for damage flowing from [the] reproduction and distribution” of the plaintiff’s notes, because “[s]uch reproduction interferes with an intangible literary or artistic property right equivalent to copyright”
- material “f[ell] within the subject matter of copyright” even though it “could not be copyrighted”
- preemption of state law claim required when plaintiff does not seek to recover for physical deprivation of tangible property but for the damages flowing from their reproduction and distribution
Source: CourtListener parenthetical corpus (CC0).
Judges: Holloway, Seymour, Baldock
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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