Golan v. Holder
In brief
The Supreme Court left Section 514 in place, ruling that it fits Congress’s copyright powers and does not violate the First Amendment.
- Where it stands
- Decided
Decided 6-2 · January 18, 2012 · Opinion by Justice Ginsburg
- What it’s about
- Lawrence Golan and other artists challenged a law that restored U.S. copyright protection to some foreign works they had used while the works were in the public domain.
- Who it affects
- The ruling leaves Section 514’s restored copyright protection in place for the foreign works the law covers.
Summary: written with AI from the case record.
What it's about
The Supreme Court upheld the law, ruling that it fit Congress’s Copyright Clause powers and did not violate the First Amendment; it agreed with the lower court.
Lawrence Golan and other artists had used some foreign works while they were in the public domain, then challenged Section 514 after it restored copyright protection.
Section 514 of the Uruguay Round Agreements Act restored U.S. copyright protection to some foreign works that had entered the public domain.
Question presented
1. Does the Progress Clause of the U.S. Constitution prohibit Congress from taking works out of the public domain? 2. Does Section 514 of the Uruguay Round Agreements Act violate the First Amendment of the United States Constitution?
What the Court decided
Holding
1. Section 514 does not exceed Congress’ authority under the Copyright Clause. 2. The First Amendment does not inhibit the restoration author - ized by §514. 609 F. 3d 1076, affirmed.
- Result
- Affirmed
The vote
From the opinions
“In order “[t]o promote the Progress of Science” (by which term the Founders meant “learning” or “knowledge”), the Constitution’s Copyright Clause grants Congress the power to “secur[e] for limited Times to Authors . . . the exclusive Right to their . . . Writings.””
What's next
The appeals court’s decision remains in place, and Section 514’s copyright restorations continue for the foreign works it covers.
Documents
Opinions
Audio
Docket activity
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AI analysis generated: Case Briefing
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Audio Recording added: Oral Arguments - Golan
Opinion added: Golan
More questions
- What did Justice Breyer say copyright does?
- He said copyright holders’ ability to charge fees can encourage the creation of new work.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.