By Andrew Albanese
Can foreign works that have passed into the public domain in the U.S. be withdrawn by Congress and put back under copyright protection? That question will be addressed by the U.S. Supreme Court, which this week granted a writ of certiorari in a case, Golan v. Holder, that questions the constitutionality of a federal statute that restored copyright protection to thousands of foreign works, including symphonies by Shostakovich and Stravinsky, books by Virginia Woolf, artwork by Picasso, and films by Fellini and Hitchcock.
The case has had a winding legal road so far. The challenge stems from a 1994 amendment to the Copyright Act, known as the Uruguay Round Agreements Act (URAA), which removed some foreign works from the public domain in the U.S. in order to implement intellectual property treaties. …read more