The Library Copyright Alliance has released "Golan v. Holder: A Farewell to Constitutional Challenges to Copyright Laws" by Jonathan Band.
Here's an excerpt:
The majority opinion in Golan closes the door on constitutional challenges to copyright statutes unless those statutes contain absolutely no time limits or directly undermine the idea/expression dichotomy or fair use. Justice Breyer failed to convince the Court that under the Constitution Congress had the authority to enact only utilitarian copyright statutes that incentivized the creation of new material. The majority opinion leaves Congress as the sole venue for fighting draconian copyright laws.
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