Supreme Court supplement

One additional case that I forgot in my previous post:

Golan v. Holder raises a very interesting question about the constitutionality of restoring copyright of foreign artistic works that were previously in the United States public domain by act of Congress. This will affect millions of pieces of work, including a lot of H. G. Wells’ work and Stravinsky’s work (The Rites of Spring, etc). The argument is that it is a bedrock principle of copyright law that once a work enters the public domain, it remains there; otherwise, it would violate the copyright clause in the Constitution that only secures protection “for limited Times”. It also, in effect, raises 1st amendment questions as to the performers who have used these works or who will use these works, since they are currently in the public domain.

Again, this is a interesting and unique case this term for the Court. I’m looking forward to getting all these decisions within the next year.


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