“[T]he determination whether a work entered the public domain prior to the effective date of the 1976 Act must be made according the copyright law as it existed before that date.”
How later courts described this case
- “[T]he determination whether a work entered the public domain prior to the effective date of the 1976 Act must be made according the copyright law as it existed before that date.”
- question as to whether death penalty would "interfere" with juror's deliberations
Written by the judges who cited it.
The opinion
RONEY, Circuit Judge,
specially concurring.
Since I am not prepared to agree that this Court’s decision in Goode v. Wainwright, 704 F.2d 593 (11th Cir.1983) retains its viability in light of Stephens v. Zant, - U.S. -, 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983), and Barclay v. Florida,- U.S. -, 103 S.Ct. 3418 , 77 L.Ed.2d 1134 (1983), I concur only in the result reached by the Court. Since this case is distinguishable from Goode , it matters not to this decision how these Supreme Court decisions may have detracted from the Goode analysis.
Although I doubt the soundness of the analysis which leads to the reversal under Witherspoon v. Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968), I recognize the Court’s attempt to faithfully follow the decisions in this Circuit which, although questionable, guide that analysis and I therefore do not dissent.