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LUCK'S MUSIC LIBRARY, INC. v. GONZALES

No. 04-5240.

407 F.3d 1262 (2005)

LUCK'S MUSIC LIBRARY, INC. and Moviecraft, Inc., Appellants v. Alberto R. GONZALES, Attorney General of the United States and Marybeth Peters, Register of Copyrights, Copyright Office of the United States, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 24, 2005.

Attorney(s) appearing for the Case

Daniel H. Bromberg argued the cause for appellants. With him on the briefs were Geoffrey S. Stewart, Carmen M. Guerricagoitia, and Jonathan L. Zittrain.

John S. Koppel, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and William G. Kanter, Deputy Director.

Before: RANDOLPH and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

WILLIAMS, Senior Circuit Judge.

Plaintiffs challenge the constitutionality of § 514 of the Uruguay Round Agreements Act ("URAA"), Pub.L. No. 103-465, 108 Stat. 4809, 4976 (1994), codified at 17 U.S.C. §§ 104A, 109, which implements Article 18 of the Berne Convention for the Protection of Literary and Artistic Works. The section establishes copyright in various kinds of works that had previously entered the...

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