Supreme Court Rejects Challenges to Congressional Authority to Modify Public Domain

The United Supreme Court on January 18, 2012 in Golan v. Holder rejected a challenge to Congress’ authority to modify the copyright status of certain foreign works previously in the public domain.  Writing for the Court, Justice Ginsburg rejected petitioners’ assertion that once a work has entered the public domain it must forever remain there, and that Congress had no power to alter the public domain status of a work. In 1994, Congress gave works enjoying copyright protection outside of the United States the same full term of protection as U.S. works by fully implementing the Berne Convention for the   Read More »

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