In a decision that favored the 1% (copyright owners) over the 99% (consumers and the public domain), the U.S. Supreme Court recently held that neither the Patent and Copyright Clause of the U.S. Constitution nor the First Amendment prohibits the removal of works from the public domain. Golan v. Holder, No. 10-545. Prior blog coverage of the case: certiorari granted and the 10th Circuit opinion. » Read more
When it considers Golan v. Holder in the coming months, the United States Supreme Court could potentially put an end to a decade-long copyright battle whose outcome significantly affects educators' abilities to use public domain works. In the process, it will wrestle with a thorny question of copyright's power: Is removing works from the United States public domain—and bringing them back under copyright's umbrella—constitutional? » Read more
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