The Content Lawyer

The Content Lawyer

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Category: First Amendment

Golan v. Holder: The Constitutionality of Restoring Works of Foreign Origin From the Public Domain (2010)

Friday, 05 November 2010 by Elliott Alderman
On cross motions for summary judgment, a federal district court in Colorado held, in Golan v. Holder, that Section 104A of the Copyright Act, codifying Section 514 of the Uruguay Round Agreements Act (“URAA”), which restores copyright protection to works of foreign nationals that had entered the public domain, violates the First Amendment use rights of parties
Berne ConventionFirst Amendmentpublic domainUruguay Round Agreements Act
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  • Published in Berne Convention, First Amendment, Foreign Works, Intellectual Property Law, Restoration of rights, Uruguay Round Agreements Act
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Eldred v. Ashcroft: The U.S. Supreme Court Upholds Copyright Term Extension (2003)

Tuesday, 05 August 2003 by Elliott Alderman
At the beginning of this year, the Supreme Court upheld the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (the “CTEA” or “Act”), which extends the existing term of copyright protection for an additional 20-year period. The district court had earlier held that the 20-year extension, though longer than the term in the
CopyrightEldredEU HarmonizationFirst AmendmentFourteenth Amendmentpublic domainRule of the Shorter TermSonny Bono Copyright Term Extension ActTerm Extension
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  • Published in Copyright Duration, CTEA, Eldred, European Union Harmonization, First Amendment, Intellectual Property Law, Public Domain, Rule of the Shorter Term, Sonny Bono Copyright Term Extension Act
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Ashcroft v. Free Speech Coalition: The U.S. Supreme Court Upholds the Legality of Virtual Child Pornography (2002)

Thursday, 05 September 2002 by Elliott Alderman
In a significant free speech decision, the U.S. Supreme Court earlier this year affirmed the holding of the U.S. Court of Appeals for the Ninth Circuit that two key provisions of The Child Pornography Prevention Act of 1996 (CPPA) are overbroad and, therefore, violate the First Amendment. The first provision would have criminalized “any visual
Ashcroft v. Free Speech CoalitionChild PornographyChild Pornography Prevention ActCPPAFirst AmendmentFree SpeechOverbreadth
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  • Published in Ashcroft v. Free Speech Coalition, Child Pornography, Child Pornography Prevention Act, CPPA, First Amendment, Free Speech, Internet, Overbreadth
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Alderman IP
1455 Pennsylvania Ave, NW
Suite 400
Washington, D.C. 20004 USA
Phone: +1-202-596-5682
Email: elliott@thecontentlawyer.com
Alderman IP
1455 Pennsylvania Ave, NW, Suite 400
Washington, D.C. 20004 USA
Phone: +1-202-596-5682
Email: elliott@thecontentlawyer.com
© 1993-2023 Alderman IP

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