Law note · United States (federal only)
Copyright Act, federal preemption, 17 U.S.C. § 301
cite 17 U.S.C. § 301
stage IN FORCE in force since 1978-01-01
Section 301 preempts all state law rights that are equivalent to the exclusive rights under the Copyright Act in works fixed in a tangible medium. Under Barclays Capital, most state hot-news misappropriation claims are preempted unless they contain genuine 'extra elements' beyond the act of copying and redistributing protected expression. There is no US federal press-publisher neighbouring right.
The EU-style ancillary copyright (Article 15 Digital Single Market (DSM) Directive) has no counterpart in US federal law, and § 301 blocks states from creating functional equivalents.
Primary source: Legal Information Institute (Cornell)
Copyright Act of 1976, effective Jan 1 1978