The defendants contend that the claims that DSI is bringing under state law are essentially the same claims as Count VI of the complaint, which alleges copyright infringement for the same underlying acts. The defendants argue that these claims are preempted pursuant to the reasoning of Natkin and Chicago Style Productions, Inc. v. Chicago Sun Times, Inc., 313 Ill.App.3d 45, 245 Ill.Dec. 847, 728 N.E.2d 1204 (2000).
Numerous courts, including this one, have construed section 301(a) as requiring the preemption of state statutory or common law claims where: (1) the works at issue are fixed in tangible form and fall within the "subject matter of copyright" as defined in section 102 of the Act (the subject matter prong); and (2) the legal or equitable rights granted under the state law are equivalent to the exclusive rights set forth in section 106 of the Act (the equivalency prong). Chicago Style Productions, Inc. v. Chicago Sun Times, Inc., 313 Ill.App.3d 45, 47, 245 Ill.Dec. 847, 728 N.E.2d 1204 (2000), citing Baltimore Orioles, Inc. v. Major League Baseball Players Association, 805 F.2d 663 (7th Cir. 1986); Bilut v. Northwestern University, 296 Ill.App.3d 42, 52, 230 Ill.Dec. 161, 692 N.E.2d 1327 (1998); see also Crow v. Wainwright, 720 F.2d 1224, 1225-26 (11th Cir. 1983).
Accordingly, Plaintiffs' ICFA claim is preempted by the Copyright Act. Accord Chicago Style Prods., Inc. v. Chicago Sun Times, Inc., 728 N.E.2d 1204, 1208 (Ill. App. Ct. 2000). In light of this conclusion, the Court need not address Defendants' other arguments in favor of dismissal.