SCOTUS: Congress can re-copyright the Public Domain works

[Dark Silver]

via Wired.com

Congress may take books, musical compositions and other works out of the public domain, where they can be freely used and adapted, and grant them copyright status again, the Supreme Court ruled Wednesday.

In a 6-2 ruling, the court ruled that just because material enters the public domain, it is not “territory that works may never exit.” (.pdf)

The top court was ruling on a petition by a group of orchestra conductors, educators, performers, publishers and film archivists who urged the justices to reverse an appellate court that ruled against the group, which has relied on artistic works in the public domain for their livelihoods.

They claimed that re-copyrighting public works would breach the speech rights of those who are now using those works without needing a license. There are millions of decades-old works at issue. Some of the well-known ones include H.G. Wells’ Things to Come; Fritz Lang’s Metropolis and the musical compositions of Igor Fyodorovich Stravinsky.

The court, however, was sympathetic to the plaintiffs’ argument. Writing for the majority, Justice Ruth Ginsburg said “some restriction on expression is the inherent and intended effect of every grant of copyright.” But the top court, with Justice Elena Kagan recused, said Congress’ move to re-copyright the works to comport with an international treaty was more important.

For a variety of reasons, the works at issue, which are foreign and produced decades ago, became part of the public domain in the United States but were still copyrighted overseas. In 1994, Congress adopted legislation to move the works back into copyright, so U.S. policy would comport with an international copyright treaty known as the Berne Convention.

In dissent, Justices Stephen Breyer and Samuel Alito said the legislation goes against the theory of copyright and “does not encourage anyone to produce a single new work.” Copyright, they noted, was part of the Constitution to promote the arts and sciences.

The legislation, Breyer wrote, “bestows monetary rewards only on owners of old works in the American public domain. At the same time, the statute inhibits the dissemination of those works, foreign works published abroad after 1923, of which there are many millions, including films, works of art, innumerable photographs, and, of course, books — books that (in the absence of the statute) would assume their rightful places in computer-accessible databases, spreading knowledge throughout the world.”

Anthony Falzone, executive director of the Fair Use Project at Stanford University and a plaintiff’s lawyer in the case, called the decision “unfortunate” and said it “suggests Congress is not required to pay particularly close attention to the interests of the public when it passes copyright laws.”

The majority, however, rebuffed charges that a decision in favor of Congress’ move would amount to affording lawmakers the right to legislate perpetual copyright terms.

“In aligning the United States with other nations bound by the Berne Convention, and thereby according equitable treatment to once disfavored foreign authors, Congress can hardly be charged with a design to move stealthily toward a regime of perpetual copyrights,” Ginsburg wrote.

It’s not the first time the Supreme Court has approved the extension of copyrights. The last time was in 2002, when it upheld Congress’ move to extend copyright from the life of an author plus 50 years after death to 70 years after death.

The lead plaintiff in the case, Lawrence Golan, told the high court that it will not longer be able to perform Prokofiev’s Classical Symphony and Peter and the Wolf, or Shostakovich’s Symphony 14, Cello Concerto because of licensing fees.

[rhoenix]

I think this says that America needs to overhaul its copyright/patent system more than anything else.

[Charon]

Dammit SCOTUS. Every time I get to thinking your my last bastion of sanity in government you go and do something like this.

[frigidmagi]

Guys, this is the supreme court saying we should honor a treaty that happens to pertain to copyright. I fail to see how it is a statement of insanity or an announcement that American needs to overhaul it's copyright laws.

Don't get me wrong, there is something odd when the writer of an episode of full house gets paid for his work longer then a guy who discovers the cure for cancer, but this is a different situation.

[Josh]

Not a lawyer, but given the status that treaties hold constitutionally this seems to be the valid legal interpretation.

However regardless of what they say it is very likely to lead to abuse. I could see Apple getting together with Mark Twain's descendents and re-copywriting his books on their behalf, or something to that effect.

[General Havoc]

The Supreme Court is there to interpret the law, not quash or alter laws based on what you personally prefer. A 6-2 ruling is incredibly damning, and is usually taken as a signal from the court that this should not have gotten to them in the first place. The Court here is saying that Congress has the power to alter copyright law in whatever ways they want to, including to bring it into line with international treaties. That is, frankly, the only call I can see them rationally making. Or would you prefer the court rule that Congress has no power to affect Copyright at all?

[Josh]

The Supreme Court is there to interpret the law, not quash or alter laws based on what you personally prefer. A 6-2 ruling is incredibly damning, and is usually taken as a signal from the court that this should not have gotten to them in the first place. The Court here is saying that Congress has the power to alter copyright law in whatever ways they want to, including to bring it into line with international treaties. That is, frankly, the only call I can see them rationally making. Or would you prefer the court rule that Congress has no power to affect Copyright at all?

Not sure who you're aiming that at specifically, but yeah that's pretty much the picture of it. But from here without serious reform this is going to get abused to the fullest potential.

[Dark Silver]

Pretty much what Josh has said there Havoc.

The entire Copyright system needs to be reformed in a big way, (along with the Patents system I would think) and without reform, this ruling can be abused by some parties.

I'm not crying "end of the world" merely reposting the story as I saw it, but there ya go.