Breach of implied contract claim involving use of ideas is not preempted by copyright act

In a case of first impression, the Court of Appeals for the Sixth Circuit has concluded that the Copyright Act does not preempt a state law breach of implied contract claim involving use of ideas. [Wrench LLC v. Taco Bell Corp., 256 E3d 446 (6th Cir. 2001).] The court found that the ideas at issue were intangible and thus not copyrightable. However, the court also determined that the ideas were within the subject matter of copyright for preemption purposes and concluded that, because the rights at stake on the breach of contract claim were not equivalent to the exclusive rights within the scope of copyright, there was no preemption.