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Constitutional Law Keyed to Choper
Eldred v. Ashcroft
Citation:
537 U.S. 186 (2003)Facts
The Copyright Term Extension Act of 1998 extended the duration of copyrights by 20 years. For works created by identified natural persons, the term was extended from life of the author plus 50 years to life plus 70 years. For works made for hire and anonymous or pseudonymous works, the term was extended from 75 years from publication or 100 years from creation to 95 years from publication or 120 years from creation, whichever expires first. This extension applied to both existing and future copyrights. Petitioners, including Eric Eldred, operated websites or businesses that used works in the public domain. They challenged the constitutionality of the CTEA, arguing that Congress exceeded its power under the Copyright Clause by extending existing copyrights and that the extension violated First Amendment free speech protections. The government defended the law, citing the need to harmonize U.S. copyright terms with those of the European Union and provide greater incentives for the creation and dissemination of works.
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