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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.