Does Copyright Law Preempt Contract Law?
Copyright laws protect the creators of creative works from unauthorized use of their work without payment. In the digital age, many creators protect their work via contracts with a particular party or parties because of the global nature of digital media sources. If a contract gives creators different rights than copyright laws do, state courts evaluate whether copyright law preempts relevant contract law on a case-by-case basis.
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Written Notice Requirement
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A 1993 court case in New York hinged upon whether the transfer of a license to use copyrighted material or the termination of such license required written notice. The First Circuit Court ruled that it did not, despite contract law stating that terminations of contracts must be in writing. The First Circuit Court furthermore ruled that requiring such written notice would allow a licensee to pre-empt a termination by refusing to serve written notice to distributors of the material. The licensor, however, must put notices of transfer of copyright in writing.
Standards for Preemption
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Copyright law may only preempt state contract laws under limited circumstances, according to Richmond University. The contract in question must have the intention of protecting a copyrightable work from infringement and the contract law must provide equivalent rights to copyright law. For example, if a writer signs a contract with a publisher giving that publisher exclusive rights to publish a work, copyright law can preempt state contract laws. Conversely, copyright law cannot preempt contract law regarding a contract giving a publisher exclusive rights to evaluate an idea for an unfinished product, as ideas are not copyrightable.
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Purpose
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In the early 2000s, writers and artists began relying on contracts rather than copyright laws because existing copyright law was ambiguous about copyrights of digital media and copyright laws regarding these media were difficult to enforce because of global access to digital products. Thus, it became commonplace to protect copyrights with contracts rather than relying on copyright law, in effect creating two sets of copyright laws. Standard for preemption allows copyright law to address copyright issues when there is a conflict between the two sets of laws.
Considerations
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Copyright versus contract issues are usually handled at the state level. As of April 2011, there is no federal ruling on when one preempts the other. Thus, laws may differ from state to state, and different courts have at different times offered conflicting conclusions regarding this matter. Without a uniform law, the parties to contracts regarding creative works risk a court determining that the contract is unenforceable if it conflicts with copyright law.
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