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  • Hyde - What Is Public

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    Yusuf Has
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    Hyde - What is Public_

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    4 views4 pages

    Hyde - What Is Public

    Uploaded by

    Yusuf Has

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 4
    ‘THE PUBLIC DOMAIN WHAT IS PU BLIC? THE CASE FOR A “RICH CO T MMON” Alongside the UK publication of his provocative book, Common as Air, Lewis Hyde takes a look at Golan v Holder, a copyright case recently decided by the US Supreme Court. (On January 18 of this year the US Supreme Court decided a copyright exte, Golan v Holder, in which the key question was whether Congress ie ever allowed to ‘restore’ copyrights for works that, for one reason or another, have fallen into the public domain, ‘The court decided that yes indeed, Congress may do 40. Nothing in the US Constitution, neither the Copyright Clause nor the First Amendment, they ruled, "makes the www.worldipreview.com public domain, in any and all case, 2 territory that works may never exif. In October 2011, just before this case was argued, 1 sought to frame the historical rationale by which the opposite opinion might be argued. 1 here reproduce a version of that argument and follow i wth a comment on he courts contrary Intellectual Property Re THE PUBLIC DOMAIN In 1948, Twentieth-Century Fox released fone of the Cold Wark first anti-communist films, tron Curtain, the soundtrack of which featured music by Russlan composer Daiti Shostakovich, Shostskovich himself probably never saw the fim, soit was presumably under ‘orders from Stains regime that his name soon appeared on a copyright infringement suit filed in the US. Had the suit succeeded it would have effectively prevented. moviegoers from seeing Iron Curtain. Bo in America {didnot succeed Shostakovich music then lay in our public domain and, once there, ts rights holders had no say in hve itcould be used The public domain is @ valuable guarantor of both fee tade and fee expression, which is why there was much at stake in the Galan case the plaintifs inthis litigation were challenging hat has allowed foreiga authors ic copyrights, removing from the public domain hundreds 21994 law Lawyers call thie ‘Copyright restoration’ but it might better be called ‘

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