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The U.S. Court of Appeals for the Sixth Circuit ruled that the majority of state law claims against Kid Rock over music contracts the artist signed early in his career were preempted by federal copyright law. Ritchie v. Williams, 03-1279.
In its ruling, the Sixth Circuit embraced the U.S. Supreme Court's complete preemption doctrine which “recharacterize[s] a state law claim … as an action arising under federal law” and “converts an ordinary state common law complaint into one stating a federal claim for purposes of the well-pleaded complaint rule.” Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58 (1987).
The Second and Fourth Circuits are the only circuits to have previously used the complete-preemption doctrine in copyright cases. See, Briarpatch Ltd. v. Phoenix Pictures Inc., 373 F.3d 296 (2d Cir. 2004); Rosciszewski v. Arete Assocs., 1 F.3d 225 (4th Cir. 1993).
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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