Golan v. Holder
Headline: Upheld law restoring U.S. copyright to many foreign works, forcing musicians, publishers, and others to seek permission or pay instead of freely using works once in the public domain.
Holding: Section 514 of the Uruguay Round Agreements Act does not exceed Congress’s copyright power and does not violate the First Amendment, so the Court affirms the law’s restoration of copyright to certain foreign works.
- Requires users to obtain permission or pay to use many foreign works restored to copyright.
- Protects foreign authors and may increase U.S. bargaining power for protections abroad.
- Includes temporary exceptions: no liability for pre-restoration uses and one-year grace periods.
Summary
Background
Petitioners are orchestra conductors, musicians, publishers, and other users who relied on many foreign works that the United States once treated as part of the public domain. In 1994 Congress enacted §514 of the Uruguay Round Agreements Act to implement international obligations (including the Berne Convention and TRIPS) and restored U.S. copyright to certain foreign works that had lacked protection here for reasons such as failure to comply with U.S. formalities or lack of U.S. copyright relations with the source country. The statute provided special accommodations for prior users and so-called reliance parties.
Reasoning
The Court considered whether Congress had authority under the Constitution’s copyright power and whether the First Amendment forbids restoring copyrights. Relying on Eldred, historical practice, and Congress’ foreign‑relations judgments, the majority concluded §514 fits within Congress’ power to promote knowledge and learning. The Court also held that copyright’s traditional safeguards—the idea/expression distinction and the fair use defense—together with statutory measures easing the transition for prior users, meant the First Amendment did not bar restoration. The Court thus affirmed the lower court and upheld §514.
Real world impact
The decision means many people and institutions that previously used restored foreign works freely must now obtain permission or pay copyright owners or limit use to fair use. The statute preserves transition rules: no liability for prior uses, limited grace periods, notice procedures, and judicially determined reasonable compensation for certain derivative works. By aligning U.S. law with international obligations, the ruling changes how libraries, musicians, publishers, and others locate and license older foreign works.
Dissents or concurrances
Justice Breyer (joined by Justice Alito) dissented, arguing §514 improperly restricts the public domain, imposes costs and barriers to dissemination, and does not sufficiently advance new creation required by the Copyright Clause.
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