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Home / Opinion Digests / Intellectual Property – Copyright – Va. Computer Crimes Act – Preemption – Attorney Fee Award (access required)

Intellectual Property – Copyright – Va. Computer Crimes Act – Preemption – Attorney Fee Award (access required)

Where plaintiff's complaint alleges that defendant's unauthorized copying of a certain computer program violated § 18.2-152.3 of the Virginia Computer Crimes Act, that claim is preempted by federal copyright law and the complaint properly was removed to federal district court. Section 301 of the Copyright Act preempts state-law claims if the work is within the ...