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Originally appeared as Cowart, T., Gershuny, P., & Hawk, G.B. (Fall 2014). A Survey of State Copyright Law. Southern Law Journal, 24(2), 311-336.

Abstract

This paper examines the persistence of state copyright laws, and the extent to which they still exist in light of federal copyright law to further understand how those state laws will be affected by possible preemption. Specifically, the scheme and penalty of unauthorized duplication and bootlegging statutes are examined from all fifty states. We further address areas where the Copyright Act would preempt these state laws.

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