Lawrence GOLAN; Estate Of Richard Kapp; S.A. Publishing Co., Inc., doing business as ESS.A.Y. Recordings; Symphony of the Canyons; Ron Hall, doing business as Festival Films; John McDonough, doing business as Timeless Video Alternatives International, Plaintiffs-Appellees and Cross-Appellants,
v.
Eric H. HOLDER, Jr., in his official capacity as Attorney General of the United States; Marybeth Peters, in her official capacity as Register of Copyrights, Copyright Office of the United States, Defendants-Appellants and Cross-Appellees.
Association of American Publishers, Defendant.
Motion Picture Association of America, Inc.; International Coalition for Copyright Protection; The American Society Of Composers, Authors and Publishers; The American Society of Media Photographers; The Association of American Publishers; Broadcast Music, Inc.; The Music Publishers Association of the United States; The Software and Information Industry Association; The Recording Industry Association of America; Reed Elservier, Inc.; Houghton Mifflin Harcourt Publishing Co.; Professor Daniel Gervais, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 21, 2010.
June 21, 2010.
Attorney(s) appearing for the Case
John S. Koppel, Attorney (Tony West, Assistant Attorney General; David M. Gaouette, Acting United States Attorney; William Kanter, Attorney, with him on the briefs), Appellate Staff, Civil Division, Department of Justice, Washington, D.C., for Defendants-Appellants and Cross-Appellees.
Anthony T. Falzone, Attorney, Center for Internet and Society, Stanford Law School, Stanford, CA, (Julie A. Ahrens, Attorney, Center for Internet and Society, Stanford Law School, Stanford, CA; Hugh Q. Gottschalk and Carolyn J. Fairless, of Wheeler Trigg O'Donnell LLP, Denver, CO; and Lawrence Lessig, Harvard Law School, Cambridge, MA, with him on the briefs), for Plaintiffs-Appellees and Cross-Appellants.
Paul Bender, Christopher A. Mohr, and Michael R. Klipper, of Meyer, Klipper & Mohr PLLC, Washington, D.C.; Thomas Kanan and Jonathan Decker, of McElroy, Deutsch, Mulvaney & Carpenter, Greenwood Village, CO, filed an amici curiae brief for the American Society of Composers, Authors and Publishers, the American Society of Media Photographers, the Association of American Publishers, Broadcast Music, Inc., Houghton Mifflin Harcourt Publishing Co., the Music Publishers Association of the United States, the Software and Information Industry Association, the Recording Industry Association of America, and Reed Elsevier, Inc.
Seth P. Waxman, Randolph D. Moss, D. Hien Tran, and Thomas Saunders, of Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., have filed an amicus curiae brief for the Motion Picture Association of America, Inc.
Eric M. Lieberman, David B. Goldstein, and Christopher J. Klatell, of Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York, NY, have filed an amicus curiae brief for the International Coalition for Copyright Protection.
Alan C. Friedberg of Pendleton, Friedberg, Wilson & Hennessey, P.C., Denver, CO, has filed an amicus curiae brief for Professor Daniel J. Gervais.
Before BRISCOE, Chief Judge, CUDAHY, and TACHA, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BRISCOE, Chief Judge.
Plaintiffs brought this action challenging the constitutionality of Section 514 of the Uruguay Round Agreements Act ("URAA"), Pub.L. No. 103-465, § 514, 108 Stat. 4809, 4976-81 (1994) (codified as amended at 17 U.S.C. §§ 104A, 109), which granted copyright protection to various foreign works that were previously in the public domain in the United States. The district court granted plaintiffs...
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