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Golan v. Holder Category

Is the Copyright Public Domain Irrevocable? An Introduction to Golan v. Holder

Oct. 3, 2011—Traditionally, the copyright public domain has been considered irrevocable. When a work enters the public domain, even if it failed to obtain any copyright protection in the first place, it remains in the public domain. However, Congress breached this traditional limitation when it enacted section 514 of the Uruguay Round Agreements Act in 1994. Section...

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Golan v. Holder: A Look at the Constraints Imposed by the Berne Convention

Oct. 3, 2011—One of the central issues in the Golan v. Holder litigation is the extent to which the United States had flexibility to tailor the protection of existing works that had fallen in the public domain when it joined the Berne Convention. This Essay argues that the Berne Convention obligates the United States as a Berne...

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Golan Restoration: Small Burden, Big Gains

Oct. 3, 2011—This Essay presents a focused factual look at exactly which works are restored by the Uruguay Round Agreements Act (“URAA”) and an overview of the myriad of interests served by the URAA. This examination will illustrate that the class of works affected is small relative to the public domain in general and relative to the...

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A Legitimate Interest in Promoting the Progress of Science: Constitutional Constraints on Copyright Laws

Oct. 3, 2011—The Supreme Court certified two questions in Golan v. Holder: (1) Does section 514 of the Uruguay Round Agreements Act (“URAA”) violate the Progress Clause of the Constitution? (2) Does the URAA violate the First Amendment? This Essay argues that section 514 violates the Progress Clause’s requirement that copyright laws “promote the Progress of Science.”...

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In the Trenches with § 104A: An Evaluation of the Parties’ Arguments in Golan v. Holder as It Heads to the Supreme Court

Oct. 3, 2011—Golan v. Holder raises a number of important problems about copyright, the First Amendment, and international law. What is missing from the debate, however, is an actual analysis of 17 U.S.C. § 104A, the statute that removes works from the public domain. This Essay assesses the Government’s position and argues that § 104A accomplished neither our...

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