Public Domain? – Maybe Not
When information enters the public domain it is free for anyone
to use it – right? Maybe yes and maybe no. This
uncertainty is likely the better answer in light of the recent
decision by the Supreme Court in Golan v. Holder decided
January 18, 2012.
The Golan case stems from Congressional action that was
deemed necessary to bring the U.S. into full compliance with the
international copyright agreement known as the Berne Convention
(Berne or the Convention), which the United States joined in1989.
The Convention requires member countries to recognize the
copyrights of "foreign works" the same way they recognize
copyrights by their own citizens.
Congress enacted section 514 of the Uruguay Round Agreements Act
in view of Berne, to restore copyright protection to foreign works
that fell into the "public domain" in order to harmonize
U.S. and international copyright laws, and fulfill the
international treaty obligations under the
