Case Study: Golan V. Holder

Law360, New York (January 31, 2012, 3:14 PM EST) -- The curtain has closed on judicial review of Congress’ authority regarding copyright terms, and now Congress reprises on center stage. The high court, in Golan v. Holder,[1] recently bowed to Congress’ broad constitutional authority to legislate the duration of copyright terms.

Congress can now, under Golan, recapture copyright protection for significant volumes of work that have been already made freely available in the public domain, even overriding, in many cases, freedom-of-speech rights. The epic struggle between copyrights and the public domain will play on with Congress...
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