October 4, 2011
The Law360 article, "High Court Set To Examine Foreign Copyright Restoration," reviewed the U.S. Supreme Court case, Golan v. Holder, quoting partner Lee S. Brenner. The case centers on whether Congress has the authority, under the 1994 Uruguay Round Agreements Act, to restore copyright protection to foreign works that were once in the public domain.
"Congress has never before taken works out of the public domain and given them copyright protection, so its authority to do so and the free speech implications are open to question, Lee Brenner of Kelley Drye & Warren LLP said.
'When something is in the public domain, that means something,' he said. 'This law strikes me as a bit unusual, in that there's a right being taken away.'
Nevertheless, Brenner said, the high court will likely affirm the law and defer to Congress' authority to negotiate with foreign entities."