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Intellectual Property Law

: Groklaw

US District Court: Restoration of Copyright in Public Domain Foreign Works Is Unconstitutional

By Pamela Jones et al.

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The US District Court for the District of Colorado has just granted a motion for summary judgment in Golan v. Holder you will want to know about. It is a very big deal. Anthony Falzone, Executive Director of the Fair Use Project at Stanford's Center for Internet and Society, who led this effort, says, "It is the first time a court has held any part of the Copyright Act violates the First Amendment and the first time any court has placed specific constitutional limits on the government's ability to erode the public domain." I read it as saying that nothing, not any treaty, not even the Berne Convention, can trump the US Constitution.

That's what I love about it.

Full post as published by Groklaw on April 06, 2009 (boomark / email).

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