Last year, we won an important victory for our clients when the District Court held the URAA violates the First Amendment insofar as it suppresses parties' rights to keep using works they exploited when those works were in the public domain. Yesterday, the Tenth Circuit Court of Appeals reversed that decision, holding the URAA does not violate our clients' First Amendment rights. (Full opinion is attached below.)
The Court's decision will no doubt generate some important and substantial discussion. And while we are disappointed with the Court's conclusion that the URAA survives intermediate First Amendment scrutiny, we are gratified by the larger principle this case and this Court vindicated: whether they pass the constitutional test or not, amendments to the Copyright Act that depart from traditional contours of copyright can be subject to real First Amendment scrutiny.