Can Work Previously Held In The Public Domain Be Recopyrighted?

A legal battle that examines whether Congress has the right to recopyright works that were already placed into the public domain will take place during the Supreme Court's October session. The plantiff is Lawrence Golan a conductor at the University of Denver where the decision has been detrimental to his program as the increased cost of newly copyrighted works has placed a large selection of previously accessible material off limits. The law which was passed in 1994, gave foreign works the same legal protection that US works enjoy. This has huge implications for the digitization efforts of libraries across the country. If Mr. Golan wins his suit, libraries will feel much more comfortable making a great number of foreign-produced work more accessible through digitization.

http://chronicle.com/article/A-Professors-Fight-Over/127700/

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Legal Briefs

Here is a blog post at a Patent Law blog about the case. They have links to the legal briefs and the lower court opinion.

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