January 27, 2012
On January 18, 2012, the Supreme Court announced its decision in Golan v. Holder. The question in this case is whether Congress has the power to restore copyright protection to certain works that have entered the public domain.
In an opinion delivered by Justice Ginsburg, the Court affirmed by a vote of 6-2 that Congress does have the authority to put certain works that have entered the public domain back under copyright protection. Justice Breyer, joined by Justice Alito, filed a dissenting opinion. Justice Kagan took no part in the consideration or decision of the case.
To discuss the case, we have Christopher Newman, who is an Assistant Professor at the George Mason University School of Law.