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Tuesday, March 15, 2011

Copyright Intrigue - Courts Still Can't Get It Right!


The supreme court is still trying to decide copyright ramifications? Phew!...I don't care if the intellectural property is domestic OR foreign, the damn work should be automatically copyrighted on behalf of the creator!

Simple concept that should be reflected in any and all agreements between countries...Even the Berne Convention for the Protection of Literary and Artistic Works (“Article 18”), which the United States joined in 1989, requires that signatory nations provide copyright protection to certain foreign works. (John's Note: What's with this certain foreign works? should read: 'signatory nations provide copyright protection to ALL foreign works.'...The copyright concept is simple and should apply across the board in domestic as well as foreign works!).

More details by Dan Himmelfarb on Lexology.com

US Supreme Court grants certiorari in Golan v. Holder

Article 18 of the Berne Convention for the Protection of Literary and Artistic Works (“Article 18”), which the United States joined in 1989, requires that signatory nations provide copyright protection to certain foreign works. In 1994, Congress implemented Article 18 by enacting Section 514 of the Uruguay Round Agreements Act (“Section 514”), which restores copyright protection to certain foreign works that were previously in the public domain. On March 7, 2011, the Supreme Court granted certiorari in Golan v. Holder, No. 10-545, to decide whether Section 514 violates the U.S. Constitution’s Copyright Clause or First Amendment. The case is important both to businesses whose works received renewed protection under Section 514 and to businesses that wish to make use of such works.

Petitioners are orchestra conductors, educators, performers, publishers, film archivists, and motion-picture distributors who record, manufacture, and distribute foreign works in the public domain. Under Section 514, certain foreign works are now copyright-protected, and petitioners thus are prohibited from using those works unless they pay a licensing fee.


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