Golan v. Holder

American Journal of International Law, Vol. 106, 2012

UC Davis Legal Studies Research Paper No. 466

7 Pages Posted: 1 Nov 2015 Last revised: 3 Nov 2015

See all articles by Anupam Chander

Anupam Chander

Georgetown University Law Center

Uyen P. Le

University of California, Davis - School of Law

Madhavi Sunder

Georgetown University Law Center

Date Written: 2012

Abstract

In Golan v. Holder, the U.S. Supreme Court held that section 514 of the Uruguay Round Agreements Act (Uruguay Round Act), which had been enacted to implement the Berne Convention for the Protection of Literary and Artistic Works (Convention), neither exceeds Congress’s authority under the Copyright Clause nor violates the First Amendment’s free speech guarantees. Golan v. Holder holds two noteworthy implications for American copyright law. First, it affirms the internationalization of this law after two centuries of either full (the first century) or partial (the second century) rejection of the rights of foreign creators. Second, it rejects a narrow, utilitarian understanding of incentives to create as the sole explanation for this law in favor of a broader account.

Suggested Citation

Chander, Anupam and Le, Uyen P. and Sunder, Madhavi, Golan v. Holder (2012). American Journal of International Law, Vol. 106, 2012; UC Davis Legal Studies Research Paper No. 466. Available at SSRN: https://ssrn.com/abstract=2684130

Anupam Chander (Contact Author)

Georgetown University Law Center ( email )

Washington, DC

HOME PAGE: http://Chander.org

Uyen P. Le

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

Madhavi Sunder

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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