From SCOTUS blog on Golan v. Holder:
Issue: (1) Does the Progress Clause of the United States Constitution, Article I, § 8, cl. 8, prohibit Congress from taking works out of the public domain? (2) Does Section 514 of the Uruguay Round Agreements Act violate the First Amendment of the United States Constitution?
Materials from appeal at SCOTUS blog including petition for cert here.
More explanation of the case from Patently-O here.
Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here
Monday, March 07, 2011
Supreme Court Accepts Progress Clause and First Amendment Challenges To Copyright Extension
Labels: constitutional challenge to copyright, copyright extension, first amendment, golan v holder, Progress Clause, public domain, scotus blog
Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014). Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.