Stanford Center for Internet and Society

CIS represents the plaintiffs, including a music conductor in Golan v. Ashcroft, a case challenging Congress’s “restoration” of copyrights to works that have passed into the public domain. The government moved to dismiss Golan on the basis of the Supreme Court's ruling in Eldred v. Ashcroft. Today the District Court (opinion) rejected the government’s motion, and, while striking an Eldred-related claim, refused to dismiss the other 3 counts of the complaint.

Back by popular demand, here is the First Amended Complaint
that is the subject of the pending Motion to Dismiss.

This case is waiting for the Judge to rule on the Government's Motion to Dismiss the First Amended Complaint. The motion was fully briefed as of mid-June, 2003 so apparently the Court is taking its time to read, understand and evaluate both side's arguments. When we get a ruling, we will update the site.

The Government has replied to Golan's opposition to its Motion To Dismiss the First Amended Complaint.
Download file This motion is now full briefed and ready to be decided unless the Court wants to hear oral argument.

On May 20, 2003, CIS filed its brief opposing the government's Renewed Motion to Dismiss.
Download file

Today, April 30, 2003, Attorney General Ashcroft moved to dismiss Plaintiffs' First Amended Complaint.
Download file
In addition to arguments made previously in a motion to dismiss the original Complaint, the Government relies heavily on the Supreme Court decision in Eldred v. Ashcroft, arguing that the Supreme Court has confirmed that the Congress has extraordinary power to choose how to accomodate the objectives of the copyright clause. Plaintiffs contend that Eldred does not foreclose their new argument that the CTEA term is effectively perpetual.

The District Court has granted plaintiffs' Motion to File First Amended Complaint in Golan v. Ashcroft. The Amended Complaint pleads a new theory for the Copyright Term Extension Act being unconstitutional- that the new term is effectively perpetual and therefore violates "limited times." The Amended Complaint also still challenges the restoration of copyrights to numerous foreign works that had been in the public domain prior to the enactment of the Uruguay Round Agreements Act.
The Government has stated its intention to respond by filing a new Motion to Dismiss.

This case had been on "administrative retirement" pending the Supreme Court's decision in Eldred v. Ashcroft. Eldred was decided in January and in February, CIS filed a Motion To File First Amended Complaint.
The proposed First Amended Complaint replaces the arguments why the Copyright Term Extension Act is unconstitutional with a new argument based on Justice Breyer's dissent in Eldred, that the new term is effectively perpetual.

Also see the Stanford Law School - Robert Crown Law Library Litigation Documents page and Openlaw: Golan v. Ashcroft
for more information on the case.