Legal Opinion
Green v. Hendrickson Publishers, Inc.
Indiana Supreme Court
Decided June 27, 2002No. 79S02-0206-CV-352PublishedCited by 10 opinions
1Opinion of the Court
ON PETITION TO TRANSFER
BOEHM, Justice.
We conclude that a claim of breach of a covenant not to reproduce a copyrighted writing appears to be preempted by federal copyright law. Although such a claim asserts rights under the Copyright Act, it may be asserted as a counterclaim in a state court and is not within the exclusive jurisdiction of the federal courts.
We would be happy to be corrected on the first of these points of federal law, as we can see no persuasive policy reasons why the Greens should not be permitted to assert their contract claim under state law. As the Seventh Circuit noted in…
2Cases cited18 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
- Rivet v. Regions Bank of LouisianaSupreme Court of the United States · 1998
- Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.Supreme Court of the United States · 2002
- Grubb v. Public Util. Comm'n of OhioSupreme Court of the United States · 1930
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3Cited by10 opinions
- Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc.Court of Appeals for the Federal Circuit · 2010
- Valbruna Slater Steel Corporat v. Joslyn Manufacturing CompanyCourt of Appeals for the Seventh Circuit · 2019
- Preston v. NagelCourt of Appeals for the Federal Circuit · 2017
- Saunders v. StateIndiana Court of Appeals · 2003
- TruLogic, Inc. v. Gen. Elec. Co.Ohio Court of Appeals · 2021
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