Goldstein v. California

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Goldstein v. California
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Argued December 13, 1972
Decided June 18, 1973
Full case nameGoldstein v. California
Docket nos. 71-1192
Citations 412 U.S. 546 ( more )
93 S. Ct. 2303; 37 L. Ed. 2d 163; 1973 U.S. LEXIS 15
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas  · William J. Brennan Jr.
Potter Stewart  · Byron White
Thurgood Marshall  · Harry Blackmun
Lewis F. Powell Jr.  · William Rehnquist
Case opinions
Majority Burger, joined by Stewart, White, Powell, Rehnquist
Dissent Douglas, joined by Brennan, Blackmun
Dissent Marshall, joined by Brennan, Blackmun

Goldstein v. California, 412 U.S. 546 (1973), was a United States Supreme Court case in which the high court ruled that California's state statutes criminalizing record piracy did not violate the Copyright Clause of the United States Constitution. [1]

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about one hundred to one hundred fifty of the more than seven thousand cases that it is asked to review.

Copyright Clause Clause of the U.S. constitution allowing intellectual property protection

The Copyright Clause describes an enumerated power listed in the United States Constitution. The clause states that the United States Congress shall have power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

United States Constitution Supreme law of the United States of America

The United States Constitution is the supreme law of the United States. The Constitution, originally comprising seven articles, delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the President ; and the judicial, consisting of the Supreme Court and other federal courts. Articles Four, Five and Six embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article Seven establishes the procedure subsequently used by the thirteen States to ratify it. It is regarded as the oldest written and codified national constitution in force.

Contents

Background

Between April 1970 and March 1971, Goldstein purchased recordings (vinyl or tape) and reproduced them, without any contractual permission from or payment to the rights holders, onto blank tapes, which he then distributed for sale. He was charged under a California statute that made it a criminal offense to duplicate and sell records or tapes without permission from the owners of the master recording. At the time of the infringement, there was no federal copyright law covering sound recordings (As of 2014 sound recordings fixed before February 15, 1972 remain outside the purview of federal copyright law). Goldstein argued that California lacked authority to enact state copyright law that conflicted with federal law under the Supremacy Clause of the Constitution, and that its unlimited duration conflicted with the provision of the Copyright Clause which states that "exclusive Right[s]" of copyright be for "limited Times".

The Supremacy Clause of the United States Constitution establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law. In essence, it is a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law. In this respect, the Supremacy Clause follows the lead of Article XIII of the Articles of Confederation, which provided that "Every State shall abide by the determination of the United States in Congress Assembled, on all questions which by this confederation are submitted to them." A constitutional provision announcing the supremacy of federal law, the Supremacy Clause assumes the underlying priority of federal authority, at least when that authority is expressed in the Constitution itself. No matter what the federal government or the states might wish to do, they have to stay within the boundaries of the Constitution. This makes the Supremacy Clause the cornerstone of the whole American political structure.

Holding

Justice Warren Burger, writing for the 5-4 majority, held that the Copyright Clause did not exclusively invest Congress with the power to enact copyright law, and thus state copyright was in principle valid. If states choose to protect more copyrightable works than the federal government does, they are not prohibited from doing so by the Supremacy Clause. He also held that state laws are not subject to the durational limitation the Copyright Clause enforces on federal copyright.

Justice William O. Douglas filed a dissent asserting that the Supremacy Clause was implicated in state extension of copyright to materials not protected federally, just as it would for a state extension of duration beyond the term of a federally granted copyright.

William O. Douglas Associate Justice of the Supreme Court of the United States

William Orville Douglas was an American jurist and politician who served as an Associate Justice of the Supreme Court of the United States. Nominated by President Franklin D. Roosevelt, Douglas was confirmed at the age of 40, one of the youngest justices appointed to the court. His term, lasting 36 years and 211 days (1939–75), is the longest in the history of the Supreme Court. In 1975 Time magazine called Douglas "the most doctrinaire and committed civil libertarian ever to sit on the court".

Justice Thurgood Marshall filed a separate dissent, arguing that Congressional copyright decisions reflected a balance between free competition and the promotion of invention (as stated in the Copyright Clause), and that, piracy's unsavoriness notwithstanding, unless Congressional action indicated that copyright was needed to promote invention in this case, no copyright protection could be afforded by states in lieu. (By the time this case had been decided, Congress had passed the Sound Recordings Act of 1971, which extended federal protection to newly created recordings.)

Thurgood Marshall American judge

Thurgood Marshall was an American lawyer, serving as Associate Justice of the Supreme Court of the United States from October 1967 until October 1991. Marshall was the Court's 96th justice and its first African-American justice. Prior to his judicial service, he successfully argued several cases before the Supreme Court, including Brown v. Board of Education.

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References

  1. Goldstein v. California, 412 U.S. 546 (1973).
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