Supreme Court Says Congress May Re-Copyright Public Domain Works

They claimed that re-copyrighting public works would breach the speech rights of those who are now using those works without needing a license. There are millions of decades-old works at issue. Some of the well-known ones include H.G. Wells’ Things to Come; Fritz Lang’s Metropolis and the musical compositions of Igor Fyodorovich Stravinsky.

In dissent, Justices Stephen Breyer and Samuel Alito said the legislation goes against the theory of copyright and “does not encourage anyone to produce a single new work.” Copyright, they noted, was part of the Constitution to promote the arts and sciences.

The lead plaintiff in the case, Lawrence Golan, told the high court that it will not longer be able to perform Prokofiev’s Classical Symphony and Peter and the Wolf, or Shostakovich’s Symphony 14, Cello Concerto because of licensing fees.

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