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Following Golan Arguments, Experts
Define Public Domain, ‘Limited Times’

Oct. 12, 2011, 4:00 AM

Just hours after fielding questions from eight Supreme Court justices over the merits of his client’s arguments, Anthony Falzone, counsel for the petitioners in a case testing the constitutionality of a law that granted copyright protection to certain foreign works that had previously been in the public domain, sparred with other panelists over what precisely is the public domain.

The answer to that question, asked by Justice Anthony M. Kennedy during oral argument before the U.S. Supreme Court Oct. 5 ( Golan v. Holder, U.S., No. 10-545, argued 10/5/11), appears to be both difficult and subject to differing interpretations ...

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