Supreme Court of the United States
Golan v. Holder
January 18, 2012132 S. Ct. 873
Summary
The Court affirmed the Tenth Circuit, holding that Section 514 of the Uruguay Round Agreements Act does not violate the Copyright Clause or First Amendment by restoring copyright protection to foreign works that had entered the U.S. public domain. The Court reasoned that the Copyright Clause does not forbid extending protection to works once free for public use, supported by historical practice and precedent. Justice Breyer, joined by Justice Alito, dissented, arguing that the statute exceeded congressional power by removing material from the public domain without incentivizing new creation.