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Copyright Restoration Arguments at the U.S. Supreme Court

By Roy S. Gutterman

No musicians played on the steps of the Supreme Court in October, when inside the justices heard oral arguments in Golan v. Holder, 10-545 (available at www.supremecourt.gov/qp/10-00545qp.pdf), which touched on a range of intellectual property issues and musical works from classical's Dmitri Shostakovich and Igor Stravinsky to classic rock's Jimi Hendrix. The discussion about copyright protection in view of the global market also touched on Shakespeare and Alexis de Tocqueville. But the impact of how the high court interprets Congress' 1994 amendments to the Copyright Act, '514 of the Uruguay Round Agreements Act, codified at 17 U.S.C. '104A, could affect the future use of possibly millions of pieces of works and may refine how U.S. law defines acceptable use versus infringing abuse in a global community.

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