Another Blow from the DC Circuit [6:07 pm]
In DC Circuit Rejects Challenge to Congress Removing Works from the Public Domain, Ernest Miller points to Luck’s Music Library v. Gonzalez
WILLIAMS, Senior Circuit Judge: Plaintiffs challenge the constitutionality of § 514 of the Uruguay Round Agreements Act (”URAA”), Pub. L. No. 103-465, 108 Stat. 4809, 4976 (1994), codified at 17 U.S.C. §§ 104A, 109, which implements Article 18 of the Berne Convention for the Protection of Literary and Artistic Works. The section establishes copyright in various kinds of works that had previously entered the public domain, and plaintiffs argue that any such provision violates the Copyright and Patent Clause of the U.S. Constitution. U.S. Const. art. I, § 8, cl. 8. Finding no such bar in the Constitution, the district court dismissed plaintiffs’ claims. (A district court in Colorado has recently agreed. Golan v. Gonzales, No. 01-B-1854, 2005 WL 914754 (D. Colo. Apr. 20, 2005).) We review the district court’s order de novo, Barr v. Clinton, 370 F.3d 1196, 1201 (D.C. Cir. 2004), and affirm.
Later: Scrivener’s Error comments