The Copyright Act provides for preemption under Section 301(a). For decades, federal courts have ruled that the Copyright Act preempts contracts when the contract provisions at issue cover rights equivalent to exclusive federal copyright rights. See, e.g., Health Grades Inc. v. Robert Wood Johnson University Hospital, 634 F. Supp.2 1226 (2009) ("Thus, even though the state contract rights Health Grades seeks to protect here may be narrower than those provided by the Copyright Act, because they prohibit these uses for commercial purposes, there is no extra element that renders these rights qualitatively different from the rights granted by the Copyright Act.")
Generally speaking, a contract cannot remove fair use rights.
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Pre-emption
The Copyright Act provides for preemption under Section 301(a). For decades, federal courts have ruled that the Copyright Act preempts contracts when the contract provisions at issue cover rights equivalent to exclusive federal copyright rights. See, e.g., Health Grades Inc. v. Robert Wood Johnson University Hospital, 634 F. Supp.2 1226 (2009) ("Thus, even though the state contract rights Health Grades seeks to protect here may be narrower than those provided by the Copyright Act, because they prohibit these uses for commercial purposes, there is no extra element that renders these rights qualitatively different from the rights granted by the Copyright Act.")
Generally speaking, a contract cannot remove fair use rights.