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How Restoring U.S. Protection to Foreign Copyrights Affects Media Uses
Earlier this year, the U.S. Supreme Court issued its 6-to-2 decision in Golan v. Holder, 132 S.Ct. 873 (2012) (http://bit.ly/I9SvPp), ruling that the Uruguay Round Agreements Act of 1994 (URAA) ' which restored U.S. copyright protection for certain foreign works formerly in the public domain ' fits within Congress' constitutional authority to “adjust copyright law to protect categories of works once outside the law's compass.” Golan, like Eldred v. Ashcroft before it, solidified the constitutional authority of Congress under the Copyright Clause to control the terms and duration of U.S. copyright protection.
Following the Supreme Court's decision in Golan, anyone wishing to use foreign works first published abroad between 1923 and 1989 may face increased cost and risk. Some of the renowned authors and creators whose works were first published abroad in this time period ' and whose works enjoy restoration under the URAA ' include M.C. Escher, Federico Fellini, Maxim Gorky, Alfred Hitchcock, C.S. Lewis, Vladimir Nabokov, George Orwell, Sergei Prokofiev, Pablo Picasso, Dmitri Shostakovich, Alexander Solzhenitsyn, J.R.R. Tolkien and Virginia Woolf.
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