Page:H.R. Rep. No. 94-1476 (1976) Page 275.djvu

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TEXT ADOPTED BY SENATE	TEXT OF EXISTING LAW	TEXT OF COMMITTEE SUBSTITUTE AMENDMENT
Chapter 3.—DURATION OF COPYRIGHT Sec. Pre-emption with respect to other laws. Duration of copyright: Works created on or after January 1, 1977. Duration of copyright: Works created but not published or copyrighted before January 1, 1977. Duration of copyright: Subsisting copyrights. Terminal date.		Chapter 3.—DURATION OF COPYRIGHT Sec. Preemption with respect to other laws. Duration of copyright: Works created on or after January 1, 1978. Duration of copyright: Works created but not published or copyrighted before January 1, 1978. Duration of copyright: Subsisting copyrights. Terminal date.
§ 301. Pre-emption with respect to other laws.	§ 2. Rights of Author or Proprietor of Unpublished Work.—Nothing in this title shall be construed to annul or limit the right of the author or proprietor of an unpublished work, at common law or in equity, to prevent the copying, publication, or use of such unpublished work without his consent, and to obtain damages therefor.	§ 301. Preemption with respect to other laws.
(a) On and after January 1, 1977, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression and come within the subject matter of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title. Thereafter, no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.		(a) On and after January 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression and come within the subject matter of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title. Thereafter, no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.
(b) Nothing in this title annuls or limits any rights or remedies under the common law or statutes of any State with respect to:		(b) Nothing in this title annuls or limits any rights or remedies under the common law or statutes of any State with respect to—
(1) subject matter that does not come within the subject matter of copyright as specified by sections 102 and 103, including works of authorship not fixed in any tangible medium of expression; or		(1) subject matter that does not come within the subject matter of copyright as specified by sections 102