or refusal to register issued by the Office. For more information on this issue, see Chapter 600, Section 625.5 of this Compendium.
102.5 State Laws
U.S. copyright protection is governed by federal law. Section 301(a) of the 1976 Act preempts all similar protections provided by state law, other than with respect to sound recordings fixed before February 15, 1972, as provided under Section 301(c) of the Act. Preemption applies only when a state law provides protections that are equivalent to those set forth in the Copyright Act (i.e., rights equivalent to any of the exclusive rights under Section 106 of the Act in fixed works of authorship that fall within the subject matter of copyright). There are a significant number of court decisions interpreting exactly when a state claim is close enough to an exclusive right provided by the Copyright Act to be preempted. This case law should be consulted for questions regarding preemption and may vary to some extent by jurisdiction.
Sections 301(b) and (c) of the 1976 Act also specifically set forth some types of copyright-like protections that states may provide. These include: (i) works not fixed in a tangible medium of expression; (ii) pre-1972 sound recordings; (iii) state and local landmarks, historic preservation, zoning, or building codes relating to architectural works protected under Section 102(a)(8) of the Act; and (iv) causes of actions for acts that took place before January 1, 1978.
102.6 Territorial Scope of U.S. Copyright Law
Generally speaking, U.S. copyright law applies only to acts that take place in the United States, including the Commonwealth of Puerto Rico and U.S. territories. See Subafilms, Ltd. V. MGM-Pathe Communications Co., 24 F.3d 1088, 1094–95 (9th Cir. 1994). Under the Berne Convention, national law applies to foreign works, and the law of the country in which infringement takes place generally applies to infringement disputes. Berne Convention for the Protection of Literary and Artistic Works, art. 5(1), (3), Sept. 9, 1886, as revised at Paris on July 24, 1971 and amended on Sept. 28, 1979, S. Treaty Doc. No. 99-27 (1986). Thus, copyright infringement that occurs in the United States is governed by U.S. law. However, courts may look to the law of a foreign country where ownership of the work was established or transferred in cases where questions are raised concerning foreign ownership and copyright origin even in the context of a U.S. infringement action. See, e.g., Itar-Tass Russian News Agency v. Russian Kurier, Inc., 153 F.3d 82, 88–92 (2d Cir. 1998).
102.7 Timeline of Selected Historical Dates in U.S. Copyright Law
The United States has a long and rich history of copyright law. Below is a timeline of some of the most interesting developments that have occurred since the colonial era. In addition to this timeline, the U.S. Copyright Office’s website includes a wealth of historical information, including additional notable dates, extensive information on past copyright laws, and prior publications (www.copyright.gov/history).
- August 18, 1787: James Madison submits to the framers of the Constitution a provision “to secure to literary authors their copyrights for a limited time.”
