Editing Eldred v. Ashcroft (section)

==Later developments==
Within a year of ''Eldred'', it was serving as decisive precedent. Two cases, ''Luck’s Music Library, Inc. v. Ashcroft and Peters'' and ''Golan v. Ashcroft and Peters'', challenged the constitutionality of the [[Uruguay Round Agreements Act]] on the grounds that its "restoration amendment," which provided copyright restriction to foreign works that were in the public domain because foreign works were formerly not copyrightable, violated the First Amendment rights of those who would no longer be able to perform the works without observing copyright. The court cited ''Eldred'' and dismissed ''Luck's Music'' on the grounds that the First Amendment did not protect the ability to use others' words as much as it does protect one's ability to use their own. ''Golan v. Ashcroft and Peters''{{'}}s [[Uruguay Round]] portion survived a motion to dismiss even though its own challenge to the Sonny Bono Act did not.<ref name="2004report">{{cite report |date=2004 |title=Annual Report of the Register of Copyrights |url=https://www.copyright.gov/reports/annual/2004/annual2004.pdf |archive-url=https://ghostarchive.org/archive/20221009/https://www.copyright.gov/reports/annual/2004/annual2004.pdf |archive-date=2022-10-09 |url-status=live |publisher=United States Copyright Office |access-date=2018-08-22 }}</ref> That case culminated in ''[[Golan v. Holder]]'', which held that there was nothing in the Constitution preventing the government from taking works out of the public domain.

A 2007 case, ''[[Kahle v. Gonzales]]'', worked from the ''Eldred v. Ashcroft'' opinion to argue that a change in copyright law as drastic as the change from opt-in to opt-out required a review in regard to freedom of speech. The plaintiffs, represented by Lawrence Lessig, argued that the limitations placed on speech and expression by copyright were drastically expanded and possibly too limiting.<ref>{{Cite court|litigants=Kahle v. Gonzales|court=9th Cir.|opinion=487 F.3d 697|date=2007|url=https://scholar.google.com/scholar_case?case=15656508768722891373&q=Kahle+v.+Gonzales&hl=en&as_sdt=6,36&as_vis=1}}</ref> The Ninth Circuit determined that the argument was too similar to the one adjudicated in ''Eldred'' and dismissed the case.<ref>{{cite news | url = https://www.reuters.com/article/domesticNews/idUSN2247399120070122 | work=Reuters | title=U.S. court upholds copyright law on "orphan works" | date=January 22, 2007}}</ref>