Golan v. Holder (2012)

“Restoring copyright to foreign works previously in the public domain is constitutional and aligns with international obligations.”

This decision reinforced Congress’ power to enact copyright restoration laws for foreign works to comply with international treaties.

Short Description :

Congress restored U.S. copyright protection to certain foreign works that had fallen into the public domain due to lack of international compliance. Plaintiffs argued that this violated the Copyright Clause and First Amendment. The Supreme Court held that Congress acted within its powers and that restoration did not violate constitutional protections.

Facts :

The Uruguay Round Agreements Act restored copyright to certain foreign works. Golan, a conductor and educator, argued that this prevented him from performing, teaching, or distributing previously public domain works. The plaintiffs claimed that their free use rights were infringed. The case questioned whether Congress could retroactively remove works from the public domain to comply with international copyright treaties.

Findings / Reasoning :

The Supreme Court held that Congress has the authority to restore copyright to foreign works to meet treaty obligations. Restoration does not violate the Copyright Clause or First Amendment because:

⦁ Congress may enact laws affecting copyright for international compliance.

⦁ The public domain is not sacrosanct; restoration balances authors’ rights with public interest.

⦁ Users retain fair use rights; the law does not eliminate them.

This affirmed legislative flexibility in harmonizing domestic and international copyright.

Suggestions / Observations :

Educators, performers, and publishers must check copyright status of foreign works before use. Restoration reinforces global copyright compliance. Users should understand fair use still applies despite restoration.

Judgment & Date :

Judgment in favor of Golan, upholding Congress’ law.

Date : January 18, 2012