Supreme Court Upholds Law That Pulled Foreign Works Back Under Copyright - Technology - The Chronicle of Higher Education

"A professor lost his long legal fight to keep thousands of foreign musical scores, books, and other copyrighted works in the public domain when the U.S. Supreme Court ruled against him on Wednesday in a case that will affect scholars and artists around the country. The scholar is Lawrence Golan, a music professor and conductor at the University of Denver. He argued that the U.S. Congress did not have the legal authority to remove works from the public domain. It did so in 1994, when the Congress changed U.S. copyright law to conform with an international copyright agreement. The new law reapplied copyright to millions of works that had long been free for anyone to use without permission....Mr. Golan had argued that taking works back out of the public domain would hinder creativity by making artists more cautious about remixing or otherwise using works, fearing their status could change in the future in a way that required payment to copyright holders. More broadly, academics have expressed concern that upholding the 1994 law would make it much more difficult to write books or assemble course readings without having to deal with a host of legal hurdles—or just prohibitively expensive fees—to avoid violating copyrights...."