Victory In The 10th Circuit: What Enters The Public Domain Stays In The Public Domain

The Tenth Circuit handed us a momentous victory today, holding that the Uruguay Round Agreements Act ("URAA") altered the "traditional contours of copyright protection" by resurrecting copyright protection for works that had fallen into the public domain, thus contravening the "bedrock principle of copyright law that works in the public domain remain in the public domain."

While this decision does not invalidate the URAA, it does hold that the URAA must pass either strict or intermediate First Amendment scrutiny on remand.

Read the full decision here.

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