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Supreme Court Rules on Copyright Restoration for Foreign Works
The U.S. Supreme Court has ruled that the Constitution did not bar Congress from extending copyright protection to previously free foreign works, such as Prokofiev's “Peter and the Wolf.” The justices, in a 6-2 decision by Justice Ruth Bader Ginsburg, rejected arguments made by a group of musicians, conductors, publishers and others, who enjoyed free access to certain foreign works before Congress acted in 1994. The group had argued that once those works entered the public domain, they remained there forever. “Neither the Copyright and Patent Clause nor the First Amendment, we hold, makes the public domain, in any and all cases, a territory that works may never exit,” wrote Ginsburg. See, Golan v. Holder, 10-545 (2012).
The case stemmed from congressional action to implement the Berne Convention for the Protection of Literary and Artistic Works, the principal agreement governing international copyright relations. The United States joined the convention in 1989 but did not comply fully with its terms. For example, although the convention instructed member countries to protect foreign works under copyright in the country of origin, the United States gave no protection to any work in the public domain in the United States.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.