Where an action is brought under a state statute preempted by section 301(a) the Copyright Act of 1976

QUESTION PRESENTED Where an action is brought under a state statute preempted by section 301(a) the Copyright Act of 1976, 17 U.S. C. § 101, et seq., Pub. L. No. 94-553, 90 Stat. 2541 (1976) (“Copyright Act”), is the action regarded as one under the Copyright Act? More specifically, where the aforementioned state statute provides that the prevailing party shall recover attorney’s fees, and is held to be preempted by the Copyright Act, does the discretionary standard under section 505 of the Copyright Act, 17 U.S.C. § 505, govern the award of attorney’s fees in the action? i