Case: Copyrights/Preemption (S.D.N.Y.)

A federal district court in New York granted in part Union River Press Inc., the Weiss Agency Inc., and Audioboom Limited’s motion to dismiss Red Apple Media Inc.'s breach of contract, common-law copyright infringement, conversion, unfair competition, tortious interference, money had and received, breach of fiduciary duty, and unjust enrichment claims, alleging that it was wrongfully removed from the podcast distribution of the John Batchelor Show. The court said that Red Apple’s breach of contract and unfair competitions claims are partially preempted by the Copyright Act, and that the money had and received and unjust enrichment claims are preempted.