Stronger 1st Amendment Review of Expansions in Copyright Protection? By Nick Bramble On September 5, the 10th Circuit handed down its opinion in Golan v. Gonzales, No. 05-1259 (10th Cir. Sept. 4, 2007). The court held that the implementation of the Berne Convention on Copyrights (the Uruguay Round Agreements Act § 514) may violate the 1st Amendment by removing some materials–books, films, and songs, mostly–from the public domain and placing them under copyright protection. Generally, the court’s ruling would expand ...
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