tag:blogger.com,1999:blog-5383512304639632735.post2873683013998690534..comments2024-01-23T07:34:52.253-08:00Comments on Copyrights & Campaigns: District Court: restoration of copyright in public domain foreign works violates First AmendmentBen Sheffnerhttp://www.blogger.com/profile/06477793715765992689noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5383512304639632735.post-76563679596863766842009-04-03T20:47:00.000-07:002009-04-03T20:47:00.000-07:00"Has any copyright law been held unconstitutional ..."Has any copyright law been held unconstitutional for any other reason? None comes immediately to mind."<BR/><BR/>Yes, at least in the case of Congress' attempt to abrogate state sovereign immunity. See:<BR/> http://williampatry.blogspot.com/2008/04/state-sovereign-immunity-and-state.html<BR/><BR/>Merely as a side note, having read the 10th Circuit's Golan opinion, the district court decision on remand is hardly surprising. Why the case was even remanded in the first place eludes me.<BR/><BR/>I am not a supporter of restoring expired copyrights, but I do have to wonder about the 10th Circuit's apparent belief that once copyright has expired the public somehow receives a "vested right". I have never viewed "rights" under copyright law as being anything other than an affirmative right granted to an author. When that right lapses I fail to see how a "new" right has been granted/vested/whatever in the public at large. Indeed, I fould the appellate court's reference to "non-exclusive license to each member of the public" problematic and illogical.<BR/><BR/>It will be interesting to see if this case proceeds further. The die is already cast for an affirmance by the 10th Circuit barring an en banc hearing. That leaves cert to SCOTUS, and at that point the outcome is anything but predictable.Anonymousnoreply@blogger.com