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O P E N L A W: Golan v. Ashcroft

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Certiorari Granted in Eldred v. Ashcroft

Plaintiffs' Notice of Supreme Court Grant of Certiorari in Eldred v. Ashcroft (PDF)
Defendant's Notice of Grant of Certiorari in Eldred v. Ashcroft (PDF)

Government Files Motion to Dismiss Golan v. Ashcroft

  • Government Brief (PDF) (HTML) and
  • Motion to Dismiss (PDF) (HTML)
    filed December 13, 2001

    Plaintiffs' Reply Brief (PDF), (HTML), January 3, 2002

    Government Reply (PDF) (HTML), January 16, 2001

    Golan v. Ashcroft Challenges Copyright Term Extension and "Restoration" of Expired Copyrights

    Plaintiffs
     LAWRENCE GOLAN
     RICHARD KAPP
     S.A. PUBLISHING CO., INC., d/b/a/ ESS.A.Y RECORDINGS
     SYMPHONY OF THE CANYONS
     RON HALL, d/b/a FESTIVAL FILMS
     and JOHN MCDONOUGH, d/b/a TIMELESS VIDEO ALTERNATIVES INTERNATIONAL

    v.

    Defendant
     JOHN ASHCROFT
     in his official capacity as Attorney General of the United States,

    Complaint, filed September 19, 2001:

    This is an action to challenge the constitutionality of Congress's attempt to remove and radically deplete the supply of literary and artistic works from the public domain. Central to the constitutional design of our copyright system is the preservation of a rich and vibrant public domain in which books, paintings, drawings, music, films, photographs, and other artistic works are free for all to use and copy which, in turn, fuels the further creation of original works of authorship.
    News: Conductors Pose First Challenge to Copyright Law, National Law Journal, Nov. 27, 2001
    News: Conductor challenges music law, Rocky Mountain News, October 2, 2001

    For more on the challenges to the constitutionality of the Sonny Bono Copyright Term Extension Act (CTEA), see the Openlaw site for the earlier lawsuit, Eldred v. Ashcroft. Plaintiffs in that case have filed a petition for certiorari before the Supreme Court.


  • Wendy Seltzer
    Berkman Center for Internet & Society