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Property Law Keyed to Dukeminier
Eldred v. Ashcroft
Citation:
537 U.S. 186Facts
The Copyright and Patent Clause of the Constitution (“the Copyright Clause”) grants Congress the power to prescribe the duration of copyrights. Congress modified the duration of copyrights by extending the duration of copyrights in 1831, 1909, and 1976. In 1998, Congress again extended the duration of copyrights by an extra twenty years in the Copyright Term Extension Act (“CTEA”). Under the CTEA, creators would now be granted copyrights from their creation until seventy years (formerly fifty years) after their deaths. Eldred (plaintiff), along with other individuals and businesses, brought suit against the Attorney General (defendant). Eldred alleged that the CTEA was unconstitutional because Congress enlarged the term for works with existing copyrights.
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