Intellectual Property Journal Cited in Supreme Court OpinionJanuary 26, 2012
The Fordham Intellectual Property, Media and Entertainment Law Journal was cited in Justice Stephen Breyer's dissenting opinion following the January 18 U.S. Supreme Court decision in Golan v. Holder.
The case dealt with copyright protection of works that had entered the public domain. The Court found that a federal law, the Uruguay Round Agreements Act, does not violate First Amendment rights. The Court affirmed the judgment by a 6–2 vote.
In his dissent, Justice Breyer, joined by Justice Samuel Alito, argued that the Constitution's Copyright Clause is meant to encourage copyright holders to produce new works and that the law in question does not. Justice Breyer cites an article written by the Honorable Marybeth Peters, "The Year in Review: Accomplishments and Objectives of the U.S. Copyright Office," which appeared in the seventh volume of the Fordham Intellectual Property, Media and Entertainment Law Journal.
Read the full opinion here.