The US Supreme Court has begun hearing a case that tests whether Congress has the power to confer copyright on works that are in the public domain. The Court has to answer two questions: First, whether taking works from the public domain is within Congress's power as outlined in the "limited times" provision of the Copyright Clause. Second, even if it were, did Section 514 of the Uruguay Round Agreements Act – which revived copyright protection for works previously in the public domain – violate the First Amendment? Chief Justice John Roberts said on the first day of hearings that there's something "at an intuitive level" appealing about the second argument. "One day I can perform Shostakovich; Congress does something, the next day I can't," he said. Even if the appeal is unsuccessful, the case might force the Supreme Court to set a standard in determining whether copyright laws are in compliance with the First Amendment.
