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Golan v. Gonzalez

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Golan v. GonzalezThe full title of the case was Lawrence Golan, Richard Kapp, S.A. Publishing Co., Ind., d/b/a/ ESS.A.Y. Recordings, Symphony of the Canyons, Ron Hall d/b/a/ Festival Films, and John McDonough, d/b/a/ Timeless Video Alternatives International v. Alberto R. Gonzalez, in his official capacity as Attorney General of the United States, and Marybeth Peters, Register of Copyrights, Copyright Office of the United States. The case was originally Golan v. Ashcroft, because John Ashcroft was the Attorney General at the time it was originally filed. was a case decided by the U.S. District Court for the District of Colorado in 2005. It was originally filed in 2001 to challenge the constitutionality of restoring copyright of foreign works that were previously in the United States public domain by the United States Congress. The main argument was that restoring copyright violates the "limited times" clause of the United States Constitution. The case was heard by District Chief Judge Lewis T. Babcock.

After the Supreme Court of the United States upheld the Copyright Term Extension Act in Eldred v. Ashcroft (2003), the Colorado District Court dismissed the plaintiffs' challenge to that act in 2004.Golan v. Ashcroft, 310 F. Supp. 2d 1215 (D. Colo. 2004). Full text of this decision is available [here]. The remaining constitutional challenge to the Uruguay Round Agreements Act was dismissed the following year.Golan v. Gonzalez, No. 01-B-1854, 2005 U.S. Dist. LEXIS 6800 (D. Colo April 20, 2005).

Among the works related to this case were:

Though Golan v. Gonzalez has not been appealed, the Court of Appeals for the District of Columbia Circuit upheld a similar ruling in Luck's Music Library, Inc. v. Ashcroft, 407 F.3d 1262 (D.C. Cir. 2005).

Related case

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