Quote:
Originally Posted by Charbax
Although I agree that there might be an overlap problem... <<SNIP>> ...and old artists can jump on it whenever they can free themselves from their previously signed contractual obligations.
All those contracts can simply be made void by a new law. Laws passed by Governments trump whatever contracts corporations sign to own artists and authors.
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Actually, invalidating all those old contracts fails basic constitutional law. See Article 1 Section 9: "No Bill of Attainder or ex post facto Law shall be passed." Invalidating those contracts which were entirely legal under the law
as it was when they were signed fits the definition of an "ex post facto Law" to a T! That is, it makes illegal something that was legal
when it was originally done. Congress can outlaw such contracts in the future if they so desire (and if the law is signed by the Pres. and passes muster with the courts), but they cannot invalidate existing contracts that were legal when the parties entered into them.*
Xenophon
*Note: this is not the same question as whether the Courts can invalidate a contract after the fact -- they can do so exactly when they determine that the contract was not valid at the time the parties entered into it. This happens, for example, when the contract is in violation of law, or when it is so lopsided that there cannot be any meaningful negotiation or alternative (for one of the parties). There're lots of other reasons, these are just two examples.