Tag Archives: supremecourt

Supreme Court (in Golan) decides it is OK to take works out of the public domain and, retroactively, put them under copyright

We’ve been talking about the Golan case, and its possible impact on culture, for years. If you’re unfamiliar with it, it’s the third in a line of cases, starting with the Eldred case, to challenge aspects of copyright law as violating the First Amendment. The key point in the case was questioning whether or not the US could take works out of the public domain and put them under copyright. The US had argued it needed to do this under a trade agreement to make other countries respect our copyrights. Of course, for those who were making use of those public domain works, it sure seemed like a way to unfairly lock up works that belonged to the public. It was difficult to see how retroactively taking works out of the public domain could fit into the traditional contours of copyright law… but today… that’s exactly what happened (pdf).

Supreme Court Chooses SOPA/PIPA Protest Day To [negatively impact] The Public Domain | Techdirt.