Enter the Supremes: the Supreme Court could open up new avenues for opponents of strong copyright protection to challenge the status quo. (Observations and Opinions).(Brief Article)

Video Business, February, 2002 by Sweeting, Paul

WASHINGTON--The first thing to note about the Supreme Court's decision to hear an appeal challenging the validity of the Copyright Term Extension Act is how unusual it is. Copyright law has never been a favorite subject of the court, and it has heard comparatively few cases over the years.

From 1789 to 2000, the Supreme Court heard only 82 cases dealing with copyright, and 10 of those dealt with it only tangentially, according to data compiled by Cardozo Law School professor Marci Hamilton. More significantly, the court is in some measure jumping the gun. Only one lawsuit has been brought challenging the law, and the D.C. Circuit Court of Appeals upheld the law's constitutionality. Although the Supreme Court has wide discretion over the...

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