[the] time and effort ... spent in creating the map and supporting documents and in seeking approval of the subdivision." 820 F.2d 973, 975-76 (9th Cir.1987), overruled on other grounds by Fogerty v. Fantasy, Inc., 510 U.S. 517, 114 S.Ct. 1023, 127 L.Ed.2d 455 (1994). After the development company filed for bankruptcy, another entity acquired the property, "hired the same consultants" that the development company had employed, "and developed the property according to the Tentative [Subdivision] Map." Id. at 975. Conducting the two-part preemption analysis, the Ninth Circuit Court of Appeals concluded under the first prong that the map itself was copyrightable as a "pictorial [or] graphic" work. Id. at 976 (cit Collection, 61 N.Y.2d 517, 474 N.Y.S.2d 964, 463 N.E.2d 365, 366, 368 (1984) (<HOLDING>). 30 . See Del Madera Props., 820 F.2d at
holding in suit between film and photograph archive companies that copyright act preempted misappropriation claim and pllaintiffs could not by nsiscasting their causes of action secure the equivalent of copyright protection under guise of state law holding that the copyright act distinguishes between employees and independent contractors for copyright possession holding that even if utah law recognized tort of misappropriation such a claim would be preempted by copyright act 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 misappropriation claim grounded solely in the copying of a plaintiffs protected expression was preempted by  301 of copyright act