Fifth Circuit Agrees With Majority and Rules Copyright Preemption Broader Than Protection | Practical Law
In Spear Mktg., Inc. v. BancorpSouth Bank, the US Court of Appeals for the Fifth Circuit joined the majority of US Courts of Appeal in holding that state law claims can be completely preempted by the Copyright Act if they relate to original works of authorship fixed in a tangible medium, even if they are otherwise excluded from copyright protection.