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Golan v. Holder: A Look at the Constraints Imposed by the Berne Convention

dc.contributor.authorGervais, Daniel J.
dc.identifier.citation64 Vanderbilt Law Review 147 (2011)en_US
dc.descriptionarticle publsihed in law reviewen_US
dc.description.abstractOne of the central issues in the Golan v. Holder litigation is the extent to which the United States had flexibility to tailor the protection of existing works that had fallen in the public domain when it joined the Berne Convention. This Essay argues that the Berne Convention obligates the United States as a Berne Union member to provide some degree of protection, but otherwise leaves wide latitude to set the conditions under which works in the public domain receive retroactive copyright protection. The Convention itself does not mandate that any particular level of protection be granted to such works because, as both the negotiating history and secondary literature show, the drafters of the Convention acknowledged that member states would face implementing constraints in their countries. Whether or not the United States recognized this flexibility when it joined the Convention, it is clear that Congress can grant a limited form of retroactive protection to works in the public domain in order to meet its international obligations and simultaneously protect the constitutional rights of third parties.en_US
dc.format.extent1 PDF (18 pages)en_US
dc.publisherVanderbilt Law Reviewen_US
dc.subjectGolan v. Holderen_US
dc.subjectCopyright restorationen_US
dc.subject.lcshCopyright, Internationalen_US
dc.subject.lcshBerne Convention for the Protection of Literary and Artistic Works (1971 July 24)en_US
dc.subject.lcshPublic domain (Copyright law)en_US
dc.subject.lcshUnited States. Uruguay Round Agreements Acten_US
dc.subject.lcshUnited States. Supreme Courten_US
dc.subject.lcshCopyright -- United Statesen_US
dc.subject.lcshCopyright -- Durationen_US
dc.titleGolan v. Holder: A Look at the Constraints Imposed by the Berne Conventionen_US

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