Supreme Court: Copyright can be extended to foreign works once in public domain

Supreme Court: Copyright can be extended to foreign works once in public domain

Washington Post ^ | 1/18/12 | Robert Barnes

Posted on Wednesday, January 18, 2012 7:01:41 PM by Borges

The Supreme Court on Wednesday upheld Congress’s right to extend copyright protection to millions of books, films and musical compositions by foreign artists that once were free for public use.

Under Congress’s 1994 law, films by Alfred Hitchcock, paintings by Picasso and the symphonies of the great 20th-century Russian composers were among the works that could no long be freely quoted, copied, played, shared or republished without paying royalties or seeking permission.

In a 6 to 2 decision, Justice Ruth Bader Ginsburg said Congress was acting “comfortably” within its powers when it extended copyright protection to foreign artists as a part of fulfilling treaty obligations that gave American artists the same rights.

The court rejected the challenge from orchestra conductors, educators, performers and others that Congress’s action violated both the Constitution’s Copyright Clause and the First Amendment’s guarantee of free expression.

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