Copyright's 'Traditional Contours' and 'Bedrock Principles': Golan's Potential to Secure First Amendment Protection Over the Public Domain

Abstract

This article discusses the intersection of copyright law and the First Amendment in the context of the recent important case of Golan v. Holder. This article argues that nearly two centuries of Supreme Court precedent stands for the proposition that the First Amendment prevents Congress from removing works from the public domain, and that copyright restoration under 17 U.S.C. Section 104A is an unconstitutional exercise of Congressional authority.

Keywords: copyright law, copyright, Golan v. Gonzalez, Golan v. holder, public domain, first amendment, copyright act, Eldred v. Ashcroft, Lawrence Golan, section 104A, 17 USC 104A, URAA 514, bedrock principle, traditional contours, eldred, copyright restoration