Golan v. Holder, 132 S. Ct. 873

URAA § 514 (17 U.S.C. § 104A) restores copyright to certain foreign works that were in the public domain in the U.S. due to lack of protection abroad, but tracks the author’s home-country term and the U.S. term; restoration does not confer retroactive public-domain status or extra term, only the remainder of the term otherwise available.
Berne and URTA/TRIPS backdrop: U.S. had minimalist Berne implementation in 1988 (BCIA) and later joined TRIPS; Article 18 of Berne prompted retroactive protection discussions; NAFTA/URAA negotiations precipitated § 514 to harmonize with Berne.
§ 104A includes safeguards for reliance parties who used restored works before restoration and provides a phased, limited enforcement regime for those parties.
Petitioners (orchestra conductors, musicians, publishers, etc.) challenged § 514 as unconstitutional under the Copyright Clause and the First Amendment; district court granted summary judgment; Tenth Circuit partially affirmed, remanding to consider First Amendment aspects.
Supreme Court held § 514 constitutional, upholding Congress’s authority under the Copyright Clause and rejecting a First Amendment challenge; reaffirmed Eldred framework, preserved idea/expression dichotomy and fair use protections, and noted accompanying transitional provisions for reliance parties.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 514 exceeds Congress’s Copyright Clause power	Petitioners argued it removes previously public-domain works	Gonzales argued § 514 aligns with Berne, advancing progress of science	No; § 514 constitutional
Whether § 514 violates the First Amendment	Petitioners claimed restoration infringes vested First Amendment rights	Court should apply Eldred framework; no heightened scrutiny required	No heightened First Amendment scrutiny necessary; provision survives under Eldred framework

Eldred v. Ashcroft, 537 U.S. 186 (U.S. 2003) (upholding copyright term extension under the Copyright Clause)
Graham v. John Deere Co. of Kansas City, 383 U.S. 1 (U.S. 1966) (distinguishes public domain limits from patent concerns; informs copyright power)
Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (U.S. 1984) (monopoly rights serve public purposes, not only private gain)
Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (U.S. 2003) (public-domain passage cannot be repackaged as original work)
Kewanee Oil Co. v. Bicron Corp., 416 U.S. 470 (U.S. 1974) (public-domain policy considerations and trade secrets context)