...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...

...preempted under this provision if it grants legal or equitable rights to works of authorship that (1) "are equivalent to any of the exclusive rights within the general scope of copyright specified by section 106," and (2) "are fixed in a tangible medium of expression and come within the...

...adhesion; and such statutes should not be preempted as long as they do not attempt to grant rights equivalent to any of the exclusive rights within the general scope of copyright. 182 Thus, a statute that merely recognizes the validity of on-line licenses ~ even those licenses which...

...and, in order to achieve uniformity, made it clear that any and all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright specified in the Copyright Law of 1976 are governed exclusively by the 1976 Act.1 Subsequent to January...

...adhesion; and such statutes should not be preempted as long as they do not attempt to grant rights equivalent to any of the exclusive rights within the general scope of copyright.182 Thus, a statute that merely recognizes the validity of on-line licenses ~ even those...

...the federal scheme, and most state law theories of protection are preempted. State law governs only rights that are not equivalent to any of the exclusive rights within the general scope of copyright in accordance with Section 106 and 106 A of the Copyright Act and that are not equivalent to any of...

...decision, the Seventh Circuit also ruled that the two-party contract including the shrinkwrap license is not "equivalent to any of the exclusive rights within the general scope of copyright" and therefore may be enforced.468 While the Seventh Circuit's ProCD decision may or may not survive...

...thereto." The 1976 act, in effect, "preserved rights under state law with respect to activities violating rights that are not equivalent to any of the exclusive rights within the general scope of copyright." These include misappropriation, trespass, conversion, breaches of contract or trust, defamation, invasion...

...doing, it joined the Fourth, Fifth, and Eighth Circuits that have held that rights created by contract are not equivalent to any of the exclusive rights within the general scope of copyright.31 The Court stated 'just as section 301 (a) does not itself interfere with private transactions...

...section 301(a) of the Copyright Act, which provides that: [A]ll legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright . . . are governed exclusively by this title. . . . [N]o person is entitled to any such right or equivalent...