MESSAGE
| DATE | 2004-03-16 |
| FROM | Mike Richardson - NYLXS PRESIDENT
|
| SUBJECT | Subject: [hangout] Re: [DMCA_Discuss] Court Opens Way to Claim the Public Domain
|
On Tue, 16 Mar 2004, Seth Johnson wrote:
>
> (Forwarded from Stanford Center for Internet and Society list)
>
> -----Original Message-----
> From: Aaron Silverstein
> Date: Tue, 16 Mar 2004 16:56:14 -0500
> Subject: pho: FW: [stanford_cis] Effort to Reclaim Public Domain
> Scores Victory
>
>
> ------ Forwarded Message
> > From: Lauren Gelman
> > Date: Tue, 16 Mar 2004 13:49:12 -0800
> > To: stanford_cis-at-groups.onlinepolicy.net
> > Subject: [stanford_cis] Effort to Reclaim Public Domain Scores
> Victory
> >
> >
> > For Immediate Release: Tuesday, March 16, 2004
> >
> > Center for Internet and Society
> > Media Release
> >
> > Contact:
> >
> > Professor Lawrence Lessig
> > Stanford Law School
> > lessigpobox.com
> >
> > Assistant Professor Ed Lee
> > The Ohio State University Moritz College of Law.
> > (614)292-3201
> > eleepobox.com
> >
> > Elizabeth Rader
> > Fellow, Center for Internet and Society
> > (650) 724-0517
> > eraderlaw.stanford.edu
> > _________________________________
> >
> > EFFORT TO RECLAIM PUBLIC DOMAIN SCORES VICTORY
> >
> > Court Allows Challenge to Re-copyrighting Public Domain
> > Works to Proceed
> >
> > Stanford, CA - A major roadblock to reclaiming content for the
> public
> > domain was removed today, when a U.S. District Court ruled that a
> > case challenging re-copyrighting of public domain materials could
> > proceed despite the government's insistence that the Supreme
> > Court's decision in Eldred v. Ashcroft invalidated the claims.
> >
> > "Lawrence Golan, the conductor of the University of Denver's Lamont
> > Symphony Orchestra, and the other artists involved will get their
> > chance to show how severely they have been harmed by Congress's
> > removal of numerous artistic works from the public domain by the
> > grant of so-called 'restored' copyrights." said Edward Lee, Assistant
> > Professor of Law at The Ohio State University Moritz College of Law
> > and one of the attorneys for the Plaintiffs.
> >
> > In the case, Golan and the other plaintiffs argued that Section 514
> > of the Uruguay Round Agreements Act (URAA) is unconstitutional
> > because re-copyrighting works does not promote progress as required
> > by the Copyright Clause, abridges speech in violation of the First
> > Amendment, and violates Due Process by depriving the public of
> > the free availability of public domain works. Section 514 of the
> > URAA was enacted in 1994 after the Uruguay Agreement negotiations
> > and is now codified at 17 U.S.C. 104(a). While striking one term
> > extension challenge based on the Eldred case, US District Court
> > Chief Judge Lewis T. Babcock, rejected the government's Motion to
> > Dismiss the case and allowed the plaintiff's three remaining
> > claims to proceed.
> >
> > Plaintiffs Lawrence Golan and Richard Kapp are internationally
> acclaimed
> > conductors whose symphonies planned to perform musical works that
> > were in the public domain, but re-copyrighted by the URAA. As a
> result,
> > these and other orchestras can no longer perform whole classes of
> works
> > by great foreign composers. Plaintiffs Ron Hall and John McDonough
> are
> > film lovers who preserve and distribute old movies and television
> shows.
> > Because URAA re-copyrights many public domain movies and shows,
> > Hall and McDonough can no longer sell or afford to preserve these old
> > films, which soon may be lost forever due to the decomposition of the
> film.
> >
> > The plaintiffs are represented by Elizabeth Rader with the Center for
> > Internet and Society (CIS) at Stanford Law School, by Edward Lee,
> > Assistant Professor of Law at The Ohio State University Moritz
> College
> > of Law and by Hugh Gottschalk and Carolyn Fairless at Wheeler, Trigg
> > & Kennedy in Denver, CO.
> >
> > Lawrence Lessig, founder and Director of CIS and a Stanford Law
> > Professor said, "We look forward to the opportunity to convince the
> court
> > that taking works out of the public domain doesn't promote progress,
> it
> > harms progress." Professor Lessig is the author of Free Culture, a
> book
> > about the importance of a shared public domain, which will be
> released
> > later this month.
> >
> > The case will now move forward and the plaintiffs will have an
> > opportunity to show that the challenged law is unconstitutional.
> >
> > For this release:
> > http://cyberlaw.stanford.edu/about/cases/golan.press.3.16.pdf
> >
> > Golan v. Ashcroft website:
> > http://cyberlaw.stanford.edu/about/cases/golan_v_ashcroft.shtml
> >
> > About Center for Internet and Society:
> >
> > The Center for Internet and Society (CIS) is a public interest
> technology
> > law and policy program located at Stanford Law School and a part of
> Law,
> > Science and Technology Program. The CIS brings together scholars,
> > academics, legislators, students, programmers, security researchers,
> and
> > scientists to study the interaction of new technologies and the law
> and to
> > examine how the synergy between the two can either promote or harm
> > public goods like free speech, privacy, public commons, diversity,
> and
> > scientific inquiry. The CIS Cyberlaw Clinic gives Stanford Law School
> > students an opportunity to work with clients on cases and legal
> projects
> > that involve questions of technology, law and the public interest.
> >
> >
> > --
> > Lauren Gelman
> > Center for Internet and Society
> > Stanford Law School
> > (ph) 650-724-3358
> > http://cyberlaw.stanford.edu/
> > CA Bar No. 228734
> >
>
> ------ End of Forwarded Message
>
>
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