The tortious interference with prospective advantage claim was preempted by Section 301 of the Copyright Act as it was solely based on the author's right to
prevent unlawful interference of her right to manufacture, distribute, and publish Rocky.
This led to a distinction between so called «direct
interference» (classic inducing breach of contract) and «indirect
interference» (using
unlawful means to
prevent performance of another person's contracts) which underpins a number of important decisions such as Torquay Hotel v Cousins.