Friday, October 7, 2011

Golan v. Holder

This applies to 2301 and 2302. The Supreme Court is called to determine the nature of the constitution's copyright clause.

On Wednesday the Supreme Court heard arguments on Golan v. Holder, a case involving copyright protection and specifically asking (according to Scotusblog) "Can Congress restore copyright protection to a work whose copyright protection had previously expired and was therefore in the public domain?" The case involves the consequences of a 1998 law extending copyright protection - which Congress can do under the delagated powers of the Constitution.

Artists tend to be protective of the ownership of their work - naturally enough - but how long is too long? An opinion piece in the NYT argues that excessive use of copyright can stifle the creative process. Innovation sometimes builds off the work of others.