Professor Eva Subotnik will present her paper, Constitutional Obstacles? Reconsidering Copyright Protection for Pre-1972 Sound Recordings, co-authored with June M. Besek, this Friday October 18th at the “IP, Meet the Constitution” Junior Scholars Workshop at Columbia Law School. The workshop, co-sponsored by Columbia and Hofstra Law Schools and the Federalist Society, will bring together scholars from Brooklyn, Cardozo, Hofstra, University of Pennsylvania and Yale Law Schools. In their paper, Subotnik and Besek discuss the constitutional issues implicated by the possible extension of federal copyright protection to pre-1972 sound recordings, which currently enjoy only state law protection. The paper is one of the few to address the application of Takings and Due Process law to ‘intellectual’ property, and the issues they discuss may have broad implications for future congressional amendments to IP statutes. The paper will be published this Spring in the Columbia Journal of Law & the Arts. An abstract is available here.
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