every description relating thereto, as well as all copies of the foregoing, and any and all services and products (including all software) arising from the services (hereinafter collectively identified as “Work Products and Items” performed under this Agreement shall be submitted to [LEC] who will in turn submit these materials to the CLIENT) (Autori-dad de Carreteras y • Transportación “ACT”) at the conclusion of the project for their curation. (Our emphasis.) The reports are functional records whose purpose is compliance with the MOA and the federal regulations incorporated thereunder. See, e.g., TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23, 121 S.Ct. 1255, 149 L.Ed.2d 164 (2001) (Functional features are not protected by trademark law); see also, Tufen-kian, supra (<HOLDING>). See also, for example, Baystate Technologies,
holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply holding that as a matter of law adaptations of public domain expression cannot support a finding of copyright infringement holding that where some radio scripts from aradio show had entered the public domain and others were protected by copyright plaintiff was entitled to use the public domain material without a license holding federal copyright laws threeyear statute of limitations not to bar acts of infringement occurring within three years of action despite fact that related earlier acts of infringement were barred holding that conversion and unjust enrichment claims were preempted by the copyright act since they were not qualitatively different from a copyright claim because they contained no extra element beyond those necessary to show copyright infringement