On January 18, 2012 the supreme court upheld the Uruguay Round Agreements Act (URAA). The decision was made 6-2 (with Justice Kagan taking no part in the decision).
The URAA extends copyright protection to works which were once part of the public domain. The musical works at issue in this case, having been in the public domain, were performed freely around the United States. With the passage of the URAA orchestras must pay for something which they had enjoyed freely for many years; an “orchestra that once could perform ‘Peter and the Wolf . . . free of charge'” now much pay for such a privilege. The act has had far reaching consequences within the orchestral community and has caused prices on some compositions to increase seven-times.
It is feared (as mentioned in the dissenting opinion) that these restored copyrights will effect efforts of historical societies to gather and catalog aging films.
Source: GOLAN V. HOLDER (10-545)
Recent Posts
- Other Barks & Bites for Friday, October 17: CAFC Finds Prosecution Disclaimer in Examiner Acceptance of Patentee’s Scope; Japan Urges Opt-In Copyright Model for Sora 2; and Seventh Circuit Clarifies Evidence Required for Sound Recording Copyright Claims
- USPTO Issues NPRM on IPR Practice, Withdraws Vidal-Era Proposal
- Federal Circuit Finds No Due Process Violation Stems from Inconsistent Positions on Patent Ownership at PTAB, ITC
- UPC Issues First Permanent SEP Injunction: The Ramifications of Philips v. Belkin | IPWatchdog Unleashed
- Thaler Tells SCOTUS Refusing Copyright to AI-Generated Works Endangers Photo Copyrights, Too