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MAURIZIO v. RENDAL

222 A.D.2d 281 (1995)

635 N.Y.S.2d 33

Cynthia Maurizio, Appellant, v. Justine Rendal, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 14, 1995

Since plaintiff is claiming to be a co-author of the work at issue, regardless of how the language in the complaint is couched, the complaint is preempted by Federal Copyright Act (17 USC § 101 et seq.) and was properly dismissed (see, Lieberman v Estate of Chayefsky, 535 F.Supp. 90). The Federal courts have exclusive subject matter jurisdiction over such claims (28 USC §...

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