Entertainment & Sports
Feb. 23, 2017
Are idea-theft and copyright law merging?
We learned six years ago that state idea-theft claims were not preempted by copyright law, but courts may be changing their tune. By Jens B. Koepke
Jens B. Koepke
Counsel
Complex Appellate Litigation Group LLP
appellate law (specialist), intellectual property, entertainment
Phone: (424) 738-5563
Email: jens.koepke@calg.com
UCLA Law School
Jens is a certified appellate specialist, and the incoming chair for the Appellate Courts Section of the Los Angeles County Bar Association.
Although the 9th U.S. Circuit Court of Appeals told us six years ago that state idea-theft claims were not preempted by copyright law because those claims were different, California appellate courts have since construed idea-theft law to be almost identical to copyright law. Not only does this cast serious doubt on the basis of preemption, but it makes idea-theft claims even more difficult to prosecute.
In 2011, the 9th Cir...
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