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WHEELER TRIGG O'DONNELL AND STANFORD LAW SCHOOL'S FAIR USE PROJECT ASKS SUPREME COURT TO RULE ON CONSTITUTIONALITY OF RESTORING COPYRIGHTS IN FOREIGN WORKS
Source: Stanford Law School On Wednesday October 20, 2010, 7:28 pm EDT 
Lawyers from Stanford Law School’s Fair Use Project (FUP) and Wheeler Trigg O’Donnell LLP filed a petition for a writ of certiorari today, asking the United States Supreme Court to review the constitutionality of a federal statute that removes thousands of foreign works from the Public Domain and places them under copyright protection. The FUP filed the petition on behalf of orchestra conductors, educators, performers, film archivists and motion picture distributors who relied for years on the free availability of works in the Public Domain, which they performed, adapted, restored and distributed. A 1994 amendment to the Copyright Act, the Uruguay Round Agreements Act (URAA), removed these works and many others from the Public Domain and placed them under copyright protection in conjunction with the implementation of intellectual property treaties. That amendment affected the copyright status of thousands of works by foreign authors that had been in the Public Domain in the United States for decades, including symphonies by Sergei Prokofiev, Igor Stravinsky, and Dmitri Shostakovich; books by C.S. Lewis, Virginia Woolf, and H.G. Wells; films by Federico Fellini, Alfred Hitchcock, and Jean Renoir; and artwork by M.C. Escher and Pablo Picasso, including Picasso’s masterpiece Guernica.
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