Abstract: On May 4, 2011, in Montz v. Pilgrim Films & Television, Inc., the U.S. Court of Appeals for the Ninth Circuit held that an implied-in-fact contract claim survived preemption by the Copyright Act of 1976 because it was qualitatively different from a copyright claim. It did so by applying a permissive interpretation of the extra element test. Under this interpretation, the contract claim alleged an extra element that transformed the nature of the action. This Comment argues that this narrow interpretation of the Copyright Act’s preemption clause was correct because it provides idea-creators with greater protection for their creative concepts and conforms with the Copyright Act’s underlying goals.
BCLR Moves to # 25 in Law Journal Rankings
The Boston College Law Review has moved from #26 to #25 in the annual Washington and Lee University School of Law Law […]
Alumni-Student Happy Hour, February 19
Dear BCLR Alumni, I am pleased to announce that the Boston College Law Review will be hosting its Alumni-Student Happy […]
2014 E. Supp. Now Available
We have begun posting case comments from recent federal appellate decisions to our 2014 E. Supp., which can be found […]