U.S. Supreme Court affirms Tenth Circuit’s ruling that Congress’ enactment of section 514 of the Uruguay Round Agreements Act was constitutional though it removes copyrighted work from the public domain


U.S. Supreme Court affirms Tenth Circuit’s ruling that Congress’ enactment of section 514 of the Uruguay Round Agreements Act was constitutional though it removes copyrighted work from the public domain

Petitioners are orchestra conductors, musicians, publishers, and others who formerly enjoyed free access to works in the public domain. They filed a lawsuit challenging the constitutionality of § 514 of the Uruguay Round Agreements Act in 2001.The Berne Convention for the Protection of Literary and Artistic Works (Berne Convention or Berne), which took effect in 1886, is the principal instrument that governs international copyright issues. The United States joined the Convention in 1989.

In §514 of the 1994 Uruguay Round Agreements Act (URAA), Congress gave works enjoying copyright protection abroad the same full term of protection available to U.S. works. The URAA grants copyright protection to pre‑existing works of Berne member countries protected in their country of origin, but previously lacking protection in the United States to improve U.S. protections in three undesirable situations: [1] that the United States failed to protect works from the country of origin at the time of publication;[2] that the United States did not protect sound recordings made before 1972; or [3] that the foreign author or composer had failed to comply with U.S. statutory formalities.

The URAA affords no protection to a foreign work after its copyright term has expired, whether under the laws of the country of origin or U.S. laws. This causes the work to fall within the public domain. URAA’s § 514 grants authors the protection they would have enjoyed had the United States maintained copyright relations with the author’s country. Finally, foreign authors gain no credit to make up for the protection they lacked in years prior to § 514’s enactment. Congress then tried to include ameliorating accommodations to foreign authors.

Petitioners sued the United States in the U.S. District Court for the District of Colorado. The District Court, however, gave summary judgment to the U.S. The Petitioners appealed to the U.S. Court of Appeals for the Tenth Circuit, which affirmed in part and remanded with an instruction to the District Court to address the First Amendment claim. The District Court then held that Section 514 does not regulate speech on the basis of its content. The law must be upheld if narrowly tailored to serve a significant government interest. The District Court concluded that the Petitioners are entitled to Summary Judgment because §514’s constriction of the public domain was not justified by any of the asserted federal interests (compliance with Berne Convention, securing greater protection for U.S. authors abroad, or remediation of the inequitable treatment suffered by foreign authors whose works lacked protection in the United States).

The U.S. Court of Appeals for the Tenth Circuit reversed. The Supreme Court of the United States granted certiorari and affirms the Tenth Circuit’s holding.

The Court begins by declaring that §514 does not exceed Congress’ authority under the Copyright Clause of the U.S. Constitution. Analyzing the text of this Clause, the Court finds that it does not exclude the extension of copyright protection to works in the public domain. It finds that the Petitioners are requesting a reading of the clause that is incompatible with the Court’s previous decisions.


“The difference, Petitioners say, is that the limited time had already passed for works in the public domain. What was that limited term for foreign works once excluded from U.S. copyright protection? Exactly zero, Petitioners respond. We find scant sense in this argument, for surely a ‘limited time’ of exclusivity must begin before it may end. In aligning the United States with other nations bound by the Berne Convention, and thereby according equitable treatment to once disfavored foreign authors, Congress can hardly be charged with a design to move stealthily toward a regime of perpetual copyrights.” [Slip op. 18‑19].

The history behind the Copyright Clause corroborates this view. Though the Petitioners argue that Congress has acted contrary to its customary practice by enacting a statute that removes works from the public domain, the Court disagrees. The Court points out that Congress has previously removed works from the public domain before the passage of the URAA. “Subsequent actions confirm that Congress has not understood the Copyright Clause to preclude protection for existing works. Several private bills restored the copyrights of works that previously had been in the public domain. . . . These bills were unchallenged in court.” [Slip op. 21]

Next, the Court looks to the stated purpose of the Copyright Clause. It is to promote the Progress of Science and Useful Arts by enacting systems of copyright and patent protection. Petitioners argue that removing works from the public domain is not within this purpose, as it does not relate to new works. The Court disagrees,

“In response to this argument, we held that the Copyright Clause does not demand that each copyright provision, examined discretely, operate to induce new works. Rather, we explained, the Clause empowers Congress to determine the intellectual property regimes that, overall, in that body’s judgment, will serve the ends of the Clause. And those permissible ends, we held, extended beyond the creation of new works.” [Slip op. 24‑25]

“Considered against this backdrop, §514 falls comfortably within Congress’ authority under the Copyright Clause. Congress rationally could have concluded that adherence to Berne promotes the diffusion of knowledge. A well‑functioning international copyright system would likely encourage the dissemination of existing and future works. Full compliance with Berne, Congress had reason to believe, would expand the foreign markets available to U.S. authors and invigorate protection against piracy of U.S. works abroad, thereby benefitting copyright‑intensive industries stateside and inducing greater investment in the creative process.” [Slip op. 26]

“Congress determined that U.S. interests were best served by our full participation in the dominant system of international copyright protection. Those interests include ensuring exemplary compliance with our international obligations, securing greater protection for U.S. authors abroad, and remedying unequal treatment of foreign authors. The judgment §514 expresses lies well within the ken of the political branches. It is our obligation, of course, to determine whether the action Congress took, wise or not, encounters any constitutional shoal. For the reasons stated, we are satisfied it does not. The judgment of the Court of Appeals for the Tenth Circuit is therefore [a]ffirmed.” [Slip op. 36]



The Dissenters find that the Copyright Clause did not authorize Congress to enact the statute. Conducting statutory interpretation, the dissenters state that its conclusion has long been upheld by case law. “The fact that, by withdrawing material from the public domain, the statute inhibits an important preexisting flow of information is sufficient, when combined with the other features of the statute that I have discussed, to convince me that the Copyright Clause, interpreted in the light of the First Amendment, does not authorize Congress to enact this statute.” [Slip op. 69]

Citation: Golan v. Holder, 132 S. Ct. 873; 181 LE.2d 835 (2012).

 



**** Terik Hashmi is a business consultant serving businesses in the marketing realm. Among his clients are a medical service provider and an Online Reputation Management company. - Attorney Website at: https://terikhashmiattorney.com/ - Attorney Profile at: https://solomonlawguild.com/terik-hashmi%2C-esq# - Attorney News at https://attorneygazette.com/terik-hashmi%2C-consultant#eec97f53-49a0-4c94-869a-4847514cb694

Terik Hashmi, Attorney at Law, Legal Commentary

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