Golan v. Holder, 565 U.S. 302 (2012)
The case of Golan v. Holder presents a significant moment in copyright law, as it evaluates the constitutional boundaries of Congress's ability to restore copyright protections to works that were previously in the public domain.
Does the URAA's restoration of copyright to foreign works previously in the public domain in the United States violate the First Amendment or exceed congressional authority under the Copyright Clause?
Under the Copyright Clause of the United States Constitution, Congress has the power to promote the progress of science and the useful arts by securing for limited times to authors the exclusive right to their respective writings. The First Amendment protects against laws that abridge the freedom of speech.
The Supreme Court held that the URAA's restoration of copyright did not violate the First Amendment and was within Congress's authority under the Copyright Clause.
Golan v. Holder is significant for law students as it highlights the interplay between constitutional provisions regarding copyright and free speech. The decision underscores the broad discretion Congress has in enacting copyright legislation, even when it involves works previously in the public domain. This case also illustrates the impact of international treaties on domestic law and how such treaties may influence Congressional actions relating to intellectual property.