Business Services Industry

U.S. Supreme Court to Decide Copyright Term Extension and the Public Domain.

Mondaq Business Briefing, July, 2002

A case now pending before the U.S. Supreme Court that features a cast of characters including a small online publisher, Mickey Mouse and Sonny Bono could become the most important copyright decision in recent times. The Court's ultimate decision in Eldred v. Ashcroft, No. 01-618, could result in valuable corporate copyrights being thrown into the public domain, and could redefine the scope of Congress's power regarding copyright legislation. At stake are the rights of the public to access works in the public domain, the rights of copyright holders to exclude others from utilizing their works and the constitutionality of a Congressional act.

Eldred challenges the constitutionality of the Sonny Bono Copyright Term Extension Act (CTEA). Named after the late Congressman...

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