Government Seeks Rehearing in Golan

by Brandy Karl, posted on December 11, 2007 - 12:09pm

After our win in Golan v. Gonzales, the government has petitioned the Tenth Circuit for a rehearing of the case, which decided that the Uruguay Round Agreements Act altered the "traditional contours" of copyright and therefore triggers First Amendment Review.

The Attorney General's office seeks a standard - that First Amendment review is only triggered by changes in the idea/expression dichotomy or in fair use - that the Supreme Court has already rejected in Eldred. Our response to the petition for rehearing urges the Tenth Circuit adhere to its carefully reasoned opinion in this case.

AttachmentSize
Golan - Appellees Petition for Rehearing.pdf1.43 MB
Golan - Appellant Response to Govt Petition for Rehearing.pdf206.08 KB
Substantive Tags: Fair Use Project

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