Golan and Lessig Get Victory From 10th Circuit Decision
Lawrence Lessig has shared some great news on his blog. In his latest copyright trial, a decision has been handed down by the 10th Circuit that he calls a "very big victory."
He explains: "The 10th Circuit decided our appeal in Golan v. Gonzales today. In a unanimous vote, the Court held that the 'traditional contours of copyright protection' described in Eldred as the trigger for First Amendment review extend beyond the two 'traditional First Amendment safeguards' mentioned by the Court in that case. It thus remanded the case to the District Court to evaluate section 514 of the Uruguay Round Agreements Act ('URAA') under the First Amendment, which removed material from the public domain...The government had argued in this case, and in related cases, that the only First Amendment review of a copyright act possible was if Congress changed either fair use or erased the idea/expression dichotomy. We, by contrast, have argued consistently that in addition to those two, Eldred requires First Amendment review when Congress changes the 'traditional contours of copyright protection.' In Golan, the issue is a statute that removes work from the public domain."
The full post is available on Lessig's blog and you also view his work on Eldred v. Ashcroft - referred to in his analysis - whose defense began at the Berkman Center with the help of many in our community, including Charles Nesson, Jonathan Zittrain, and many, many more.
He explains: "The 10th Circuit decided our appeal in Golan v. Gonzales today. In a unanimous vote, the Court held that the 'traditional contours of copyright protection' described in Eldred as the trigger for First Amendment review extend beyond the two 'traditional First Amendment safeguards' mentioned by the Court in that case. It thus remanded the case to the District Court to evaluate section 514 of the Uruguay Round Agreements Act ('URAA') under the First Amendment, which removed material from the public domain...The government had argued in this case, and in related cases, that the only First Amendment review of a copyright act possible was if Congress changed either fair use or erased the idea/expression dichotomy. We, by contrast, have argued consistently that in addition to those two, Eldred requires First Amendment review when Congress changes the 'traditional contours of copyright protection.' In Golan, the issue is a statute that removes work from the public domain."
The full post is available on Lessig's blog and you also view his work on Eldred v. Ashcroft - referred to in his analysis - whose defense began at the Berkman Center with the help of many in our community, including Charles Nesson, Jonathan Zittrain, and many, many more.