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Supreme Court Takes Up Scholars' Rights

Publication Date: 
May 31, 2011
Source: 
The Chronicle of Higher Education
Author: 
Marc Parry

Lecturer Anthony Falzone is quoted by Marc Perry in this Chronicle of Higher Education article on whether Congress has the constitutional right to remove works from the public domain.

When Lawrence Golan picks up his baton here at the University of Denver, the musicians in his student orchestra see a genial conductor who corrects their mistakes without raising his voice in frustration.

Yet Mr. Golan is frustrated, not with the musicians, but with a copyright law that does them harm. For 10 years, the music professor has been quietly waging a legal campaign to overturn the statute, which makes it impossibly expensive for smaller orchestras to play certain pieces of music.

...

"If you can't rely on the status of something in the public domain today—that is, if you never know whether Congress is going to act again and yank it out—you're going to be a lot more cautious about doing anything with these materials," says Mr. Golan's lawyer, Anthony Falzone, executive director of the Fair Use Project and a lecturer in law at Stanford Law School. "You really destroy the value and the usefulness of the public domain in a profound way if the rug can be pulled out from under you at any time."