Legal Opinion
Peterman v. Republican Nat'l Comm.
District Court, D. Montana
Decided March 19, 2018No. CV 17–66–M–DLCPublishedCited by 1 opinion
1Opinion of the CourtDana L. Christensen, Chief Judge
Before the Court is Defendant Republican National Committee's ("RNC") motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendant argues that this case should be dismissed because: (1) RNC's use of Plaintiff's photograph constituted a fair use under federal copyright law; (2) Plaintiff has failed to state a claim for intentional interference with prospective economic advantage; and (3)
*1156Plaintiff's state law claim for intentional interference with economic advantage is preempted by federal copyright law. For the reasons explained below, the Court grants the motion in part…
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