Law360 - Haynes and Boone Wins Fifth Circuit Appeal for ARGO


On June 30, the Fifth Circuit Court of Appeals issued an important decision that clarified the scope of copyright preemption. Affirming a decision from the Northern District of Texas, the court held that the time-of-filing rule applies to federal question jurisdiction, that preemption by the Copyright Act[1] is appropriate when the type of work in suit falls within the subject matter of copyright, even if the work itself is not copyrightable, and that copyright preemption can apply to claims under the Texas Theft Liability Act (“TTLA”). The court denied plaintiff/appellant Spear Marketing Inc.’s motion for rehearing en banc on July 28.

Excerpted from Law360, August 18, 2015. To read the full article, click here.

Email Disclaimer