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17 U.S.C. § 301 — Preemption with respect to other laws
Federal law — U.S. Code and appendices · legal_authorities
**(a)** On and after January 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression and come within the subject matter of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title. Thereafter, no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.
**(b)** Nothing in this title annuls or limits any rights or remedies under the common law or statutes of any State with respect to—
(1) subject matter that does not come within the subject matter of copyright as specified by sections 102 and 103, including works of authorship not fixed in any tangible medium of expression; or
(2) any cause of action arising from undertakings commenced before January 1, 1978;
(3) activities violating legal or equitable rights that are not equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106; or
(4) State and local landmarks, historic preservation, zoning, or building codes, relating to architectural works protected under section 102(a)(8).
**(c)** Notwithstanding the provisions of section 303, and in accordance with chapter 14, no sound recording fixed before February 15, 1972, shall be subject to copyright under this title. With respect to sound recordings fixed before February 15, 1972, the preemptive provisions of subsection (a) shall apply to activities that are commenced on and after the date of enactment of the Classics Protection and Access Act. Nothing in this subsection may be co
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Source location: Title 17, Chapter 3, § 301; chapter-003-duration-of-copyright.md
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**(a)** On and after January 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression and come within the subject matter of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title. Thereafter, no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.
**(b)** Nothing in this title annuls or limits any rights or remedies under the common law or statutes of any State with respect to—
(1) subject matter that does not come within the subject matter of copyright as specified by sections 102 and 103, including works of authorship not fixed in any tangible medium of expression; or
(2) any cause of action arising from undertakings commenced before January 1, 1978;
(3) activities violating legal or equitable rights that are not equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106; or
(4) State and local landmarks, historic preservation, zoning, or building codes, relating to architectural works protected under section 102(a)(8).
**(c)** Notwithstanding the provisions of section 303, and in accordance with chapter 14, no sound recording fixed before February 15, 1972, shall be subject to copyright under this title. With respect to sound recordings fixed before February 15, 1972, the preemptive provisions of subsection (a) shall apply to activities that are commenced on and after the date of enactment of the Classics Protection and Access Act. Nothing in this subsection may be construed to affirm or negate the preemption of rights and remedies pertaining to any cause of action arising from the nonsubscription broadcast transmission of sound recordings under the common law or statutes of any State for activities that do not qualify as covered activities under chapter 14 undertaken during the period between the date of enactment of the Classics Protection and Access Act and the date on which the term of prohibition on unauthorized acts under section 1401(a)(2) expires for such sound recordings. Any potential preemption of rights and remedies related to such activities undertaken during that period shall apply in all respects as it did the day before the date of enactment of the Classics Protection and Access Act.
**(d)** Nothing in this title annuls or limits any rights or remedies under any other Federal statute.
**(e)** The scope of Federal preemption under this section is not affected by the adherence of the United States to the Berne Convention or the satisfaction of obligations of the United States thereunder.
**(f)**
(1) On or after the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, all legal or equitable rights that are equivalent to any of the rights conferred by section 106A with respect to works of visual art to which the rights conferred by section 106A apply are governed exclusively by section 106A and section 113(d) and the provisions of this title relating to such sections. Thereafter, no person is entitled to any such right or equivalent right in any work of visual art under the common law or statutes of any State.
(2) Nothing in paragraph (1) annuls or limits any rights or remedies under the common law or statutes of any State with respect to—
(A) any cause of action from undertakings commenced before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990;
(B) activities violating legal or equitable rights that are not equivalent to any of the rights conferred by section 106A with respect to works of visual art; or
(C) activities violating legal or equitable rights which extend beyond the life of the author.
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights. For purposes of this subsection, the term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
**(b)** The district courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent, plant variety protection or trademark laws.
**(c)** Subsections (a) and (b) apply to exclusive rights in mask works under chapter 9 of title 17, and to exclusive rights in designs under chapter 13 of title 17, to the same extent as such subsections apply to copyrights.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section—
(1) the terms “audiovisual work”, “computer program”, “copies”, “copyright owner”, “digital transmission”, “financial gain”, “motion picture”, “motion picture exhibition facility”, “perform”, “phonorecords”, “publicly” (with respect to performing a work), “sound recording”, and “transmit” have the meanings given those terms in [section 101 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim);
(2) the term “digital transmission service” means a service that has the primary purpose of publicly performing works by digital transmission;
(3) the terms “publicly perform” and “public performance” refer to the exclusive rights of a copyright owner under paragraphs (4) and (6) of section 106 (relating to exclusive rights in copyrighted works) of title 17, as limited by sections 107 through 122 of title 17; and
(4) the term “work being prepared for commercial public performance” means—
(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized public performance—
(i) the copyright owner has a reasonable expectation of commercial public performance; and
(ii) the copies or phonorecords of the work have not been commercially publicly performed in the United States by or with the authorization of the copyright owner; or
(B) a motion picture, if, at the time of unauthorized public performance, the motion picture—
(i)
(I) has been made available for viewing in a motion picture exhibition facility; and
(II) has not been made available in copies for sale to the general public in the United States by or with the authorization of the copyright owner in a format intended to p
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Federal law — U.S. Code and appendices · legal_authorities
Page 140
TITLE 17—COPYRIGHTS
§ 301
law for the administration of the functions of the Reg-
ister under this section. All regulations established by
the Register are subject to the approval of the
Librarian of Congress.’’
REGISTRATION
OF
CLAIMS
TO
COPYRIGHTS
AND
REC-
ORDATION
OF
ASSIGNMENTS
OF
COPYRIGHTS
AND
OTHER
INSTRUMENTS
UNDER
PREDECESSOR
PROVI-
SIONS
Recordation of assignments of copyrights or other in-
struments received in the Copyright Office before Jan.
1, 1978, to be made in accordance with this title as it ex-
isted on Dec. 31, 1977, see section 109 of Pub. L. 94–553,
set out as a note under section 410 of this title.
CHAPTER 3—DURATION OF COPYRIGHT
Sec.
301.
Preemption with respect to other laws.
302.
Duration of copyright: Works created on or
after January 1, 1978.
303.
Duration of copyright: Works created but not
published or copyrighted before January 1,
1978.
304.
Duration of copyright: Subsisting copyrights.
305.
Duration of copyright: Terminal date.
§ 301. Preemption with respect to other laws
(a) On and after January 1, 1978, all legal or eq-
uitable rights that are equivalent to any of the
exclusive rights within the general scope of
copyright as specified by section 106 in works of
authorship that are fixed in a tangible medium
of expression and come within the subject mat-
ter of copyright as specified by sections 102 and
103, whether created before or after that date
and whether published or unpublished, are gov-
erned exclusively by this title. Thereafter, no
person is entitled to any such right or equiva-
lent right in any such work under the common
law or statutes of any State.
(b) Nothing in this title annuls or limits any
rights or remedies under the common law or
statutes of any State with respect to—
(1) sub
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