It looks like that got fixed:
http://arstechnica.com/tech-policy/2009/04/court-congress-ca...
https://www.eff.org/deeplinks/2012/01/supreme-court-gets-it-...
Congress has the authority to take old works out of the public domain, permanently.
It looks like that got fixed:
http://arstechnica.com/tech-policy/2009/04/court-congress-ca...