Mossoff and Newman in Teleforum on Golan v. Holder Decision

Professors Adam Mossoff and Christopher Newman, along with Professor David Olson of Boston College Law School, participated in a February 6 teleforum on the Supreme Court's recent decision in Golan v. Holder. The event was sponsored by The Federalist Society's Intellectual Property Practice Group.

In January 2012 the Supreme Court upheld Congress's power under the Patent and Copyright Clause to grant copyrights to foreign authors for their works that had been in the public domain in the U.S. as part of enabling legislation that followed the 1994 GATT agreements.

Mossoff, Newman, and Olson discussed whether the Clause should allow granting copyrights to existing, public domain works, as well as what limitations the IP Clause and the First Amendment place on Congress when it passes IP laws. Also considered were the effect of the challenged law on incentives to invent and create works and how the license granted to Congress by the Court might affect future laws.

The Teleforum format is a 60-minute conference call discussion or debate featuring one or more experts on a topic, with a live call-in audience. After opening remarks by each expert, the majority of each call is spent on audience questions.

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