Argument recap: The constitutionality of zombie copyrights : SCOTUSblog
Nice read:
Restoration, Falzone said, upsets the natural progression of public speech rights, which start with the idea/expression distinction and fair use during the term and expand to full use of a work when the limit chosen by Congress arrives. Falzone emphasized the free speech interests in performance – seeing King Lear at the Royal Shakespeare Company exposes the audience to the speech of the Royal Shakespeare Company, and, even without performance, multiple Supreme Court precedents recognize that choosing works to publish or screen is an exercise of free speech in its own right.
In conclusion, Falzone argued that the government shouldn’t be able to evade First Amendment limits via treaty. The First Amendment must not be “defined only by the perceptions, the complaints and frankly the imagination of foreign countries.”
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