Copyright: Section 514 of
the Uruguay Round Agreements Act (URAA) grants copyright protection to works
protected in their country of origin, but lacking protection in the United
States for any of three reasons: The United States did not protect works from
the country of origin at the time of publication; The United States did not
protect sound recordings fixed before 1972; or the author had not complied
with certain U. S. statutory formalities. Works encompassed by §514 are granted
the protection they would have enjoyed had the United States maintained
copyright relations with the author’s country or removed formalities
incompatible with Berne. As a consequence of the barriers to U. S. copyright
protection prior to §514’s enactment, foreign works “restored” to protection by
the measure had entered the public domain in this country. To cushion the
impact of their placement in protected status, §514 provides ameliorating
accommodations for parties who had exploited affected works before the URAA was
enacted; Section 514 does not exceed Congress’ authority under the Copyright
Clause; the First Amendment does not inhibit the restoration authorized by
§514; the pathmarking Eldred decision is again instructive. There, the
Court held that the CTEA’s enlargement of a copyright’s duration did not offend
the First Amendment’s freedom of expression guarantee. Recognizing that some
restriction on expression is the inherent and intended effect of every grant of
copyright, the Court observed that the Framers regarded copyright protection
not simply as a limit on the manner in which expressive works may be used, but
also as an “engine of free expression.” 537 U. S., at 219. The “traditional contours”
of copyright protection, i.e., the “idea/expression dichotomy” and the
“fair use” defense, moreover, serve as “built-in First Amendment
accommodations.” Ibid. Given the speech-protective purposes and
safeguards embraced by copyright law, there was no call for the heightened
review sought in Eldred. The Court reaches the same conclusion here.
Section 514 leaves undisturbed the idea/expression distinction and the fair use
defense. Moreover, Congress adopted measures to ease the transition from a
national scheme to an international copyright regime (U.S.S.Ct., 18.01.12,
Golan v. Holder, J. Ginsburg).
Wednesday, January 18, 2012
Golan v. Holder
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