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GREEN v. HENDRICKSON PUBLISHERS, INC.

No. 79S02-0206-CV-352.

770 N.E.2d 784 (2002)

Jay GREEN, Sr. and Mary Green, Appellants (Defendants Below), v. HENDRICKSON PUBLISHERS, INC., Appellee (Plaintiff Below).

Supreme Court of Indiana.

June 27, 2002.

Attorney(s) appearing for the Case

Thomas J. Herr, Lafayette, IN, Attorney for Appellants.

Robert B. Carpenter, Boston, MA, Karen C. Horseman, Jonathan D. Mattingly, Indianapolis, IN, Attorneys for Appellee.

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...

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