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Topic: Copyright Term Extension Act

	Bambooweb: Sonny Bono Copyright Term Extension Act
		After the act, copyrights lasted the life of the author, plus seventy years in the case of individual works, or seventy-five to ninety-five years in the case of works of corporate authorship and works first published before January 1, 1978.
		Mary Bono, speaking on the floor of the U.S. House of Representatives, noted that "Sonny wanted the term of copyright protection to last forever", but that since she was "informed by staff that such a change would violate the Constitution", Congress might consider Jack Valenti's proposal of a copyright term of "forever less one day".
		Opponents of the Bono Act consider the legislation to be little more than corporate welfare and have tried (and failed) to challenge its constitutionality, claiming that such an act is not "necessary and proper" to achieve the purpose of "promot[ing] the progress of science and useful arts".
	www.bambooweb.com /articles/s/o/Sonny_Bono_Copyright_Term_Extension_Act.html (1117 words)

	AALL Washington Affairs: Primer On The Digital Millennium Copyright Act, March 1999
		The Digital Millennium Copyright Act ("DMCA"), which is the centerpiece of the legislative strategy for the Clinton Administration and Congressional leaders responsible for copyright bills, was passed in the closing days of the 105th Congress.
		Passage of copyright term extension, which was a popular bill, should have occurred several years ago; however, passage was held up by disputes involving music licensing in connection with religious broadcasts and public performances in restaurants and bars.
		Since the 1976 Act took effect, the general term for copyright was changed from two terms of twenty-eight (28) years (an original and a renewal term) to life of the author plus 50 years or 75 years, in the case of works made for hire.
	www.ll.georgetown.edu /aallwash/rep0399.html (10592 words)

	Clearing Rights to Musical Works Under the New Copyright Term Extension Act (1999) The Alderman Law Office Attorneys ...
		The Act of 1891, the predecessor to the 1909 Act, protected works of foreign origin if the author was a citizen of a "proclaimed country" that granted protection to U.S. citizens based on national treatment, or was a party to an international agreement providing reciprocity, which was open to U.S. adherence.
		Copyright in musical works created prior to the effective date of the 1976 Act generally endures for 75 years from the date of publication of sheet music with adequate notice of copyright, or from registration, or from 1923 forward.
		Additionally, the 47 year renewal term in section 304 is extended to 67 years, and copyrights in their renewal term will last for 95 years from the date protection was originally secured.
	www.aldermanlawoffice.com /Articles_8.shtml (1400 words)

	Copyright Act of 1976 - Wikipedia, the free encyclopedia
		The Copyright Act of 1976 is a landmark statute in United States copyright legislation and remains the primary basis of copyright law in the United States.
		The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and converted the term of copyrights from a fixed period requiring renewal to an extended period based on the date of the creator's death.
		While the 1976 Act retains the property right/copyright distinction (in section 202), section 204 eliminates the inconsistent common law by assuming that the copyright is withheld by the author unless it is expressly transferred.
	en.wikipedia.org /wiki/United_States_Copyright_Act_of_1976 (1751 words)

	What is the Sonny Bono Copyright Term Extension Act of 1998 (CTEA)?
		The CTEA was built to extend the original provisions of a copyright act established in 1790 by the US government, and the follow-up copyright act of 1976.
		The goal of the CTEA was to extend the terms of copyright on literary, television and film works, and on characters from literature, television and film.
		The CTEA has sometimes been referred to as the Mickey Mouse Act, since one of the main protections provided was for Disney characters like Mickey Mouse, which would soon lose their copyright status.
	www.wisegeek.com /what-is-the-sonny-bono-copyright-term-extension-act-of-1998-ctea.htm (478 words)

	Copyright Extension Act Remains Intact
		Under the CTEA as it stands, the term for copyrighted material was increased from 75 years to 95 years, which means that many works of literature, photography, film, and music created before 1925 will remain out of the realm of public domain for several more decades.
		Over the past forty years, Congress has extended the length of existing copyrights 11 times and those in favor of overturning the CTEA argue that those extensions acted in favor of corporate interests by stopping the flow of creative material into the public domain as original copyright law deemed they should.
		The copyright extension debate has also been intensified by the advent of digital media and the Internet which now serves at the forefront of free speech and free exchange and has spurred the demand for increasing amounts of public domain material.
	www.internetnews.com /bus-news/article.php/1570291 (754 words)

	CTEA Civil Disobedience (Site not responding. Last check: 2007-10-19)
		The Sonny Bono Copyright Term Extension Act of 1998 added twenty years to the terms of all subsisting copyrights in the United States of America without the public getting anything in return.
		It passed a copyright term extension in 1976 and another (the Bono Act) in 1998, in response to lobbying from the Walt Disney Company, whose monopolies on Winnie the Pooh and Mickey Mouse would have expired soon after 1998.
		The Court stated that though the Bono Act is "debatable and unwise", the Congress is the final judge of what "promote[s] the Progress of Science" and implied that Eldred, Lessig, and other proponents of short copyright terms should take their fight to Capitol Hill instead.
	www.pineight.com /bono (782 words)

	1998 Sonny Bono Copyright Term Extension Act upheld (Site not responding. Last check: 2007-10-19)
		The act established a 20-year extension on copyrighted works dating back to 1920, but it was challenged in the courts on the basis of being anti-free speech and quintessentially something that Congress should not be able to determine on its own merits.
		Outside of the Constitution, the first copyright law revision in the US was passed in 1790, and granted 14 years of protection plus an option 14 years if a claim has merit.
		Be that as it may, the ruling now puts US copyright terms on the same page as those in the EU, which have the same duration.
	arstechnica.com /news/posts/1042652465.html (462 words)

	The dead poets society
		He complains: "Among the opponents of term extension there has been a tendency to misstate the impact of term extension on the public domain and to rely on slogans and myths in attempting to elevate the value of the public domain over the value of copyrights" [48].
		In congressional hearings on the extension of the copyright term, committee members were of the consensus that the goal of copyright law is to improve the competitive position of companies that have significant investments in inventories of copyright works [124].
		She discusses the extension of the copyright term in the European Union in terms of being a technical amendment needed to produce harmonisation.
	firstmonday.org /issues/issue8_6/rimmer/index.html (16130 words)

	Robert A. Baron: Against the Copyright Term Extension Act (CTEA)
		Under the Copyright Term Extension Act, image resources that had been scheduled to enter the public domain are now held back by twenty years.
		However, because of CTEA they are being held in captivity, as it were -- held in limbo, their quality and utility notwithstanding, because they are not available through licensing programs and because any effort to license individual images on a case-by-case basis is at best prohibitively expensive or just administratively impossible.
		This writer is no expert in commercial law, but it seems to me that by limiting, through extension of copyright, access to these crucial materials, the consequences foster nourishment and preservation of a seeming cartel of copyright holders, who, through lengthened copyright terms, restrain trade in properties that should be accessible to the public.
	www.studiolo.org /IP/CTEA/Robt.htm (3844 words)

	Fredrikson & Byron, P.A. - U.S. Supreme Court to Consider Copyright Term Extension Act
		The copyright protection term for Steamboat Willie was due to expire in 2004, at which time the movie would have entered the "public domain," allowing anyone to copy, distribute or otherwise use the movie.
		CTEA prohibits Eldred from copying works that, but for the Act, would otherwise be in the public domain.
		Since the enactment of the first Copyright Act of 1790, copyright terms have been extended often; there have been eleven amendments lengthening copyright protection terms in the past 40 years alone.
	www.fredlaw.com /articles/ip/inte_02sp_jds.html (597 words)

	COPYRIGHT CORNER (Site not responding. Last check: 2007-10-19)
		The Sonny Bono Copyright Term Extension Act (CTEA) was signed into law on October 27, 1998, and it extended the term of copyright from life of the author plus 50 years to life plus 70.
		Eldred and upheld the constitutionality of term extension.
		Breyer also stated that the claim about enacting the CTEA to ensure international uniformity was very weak as was the concern about incentives to create copyrighted works.
	www.unc.edu /~unclng/copy-corner54.htm (1222 words)

	Post-extension Copyright Act Chapter 3
		the proprietor of such copyright shall be entitled to a renewal and extension of the copyright in such work for the further term of 67 years.
		The evidentiary weight to be accorded the certificates of a registration of a renewed and extended term of copyright made after the end of that 1-year period shall be within the discretion of the court.
		Any copyright still in its renewal term at the time that the Sonny Bono Copyright Term Extension Act becomes effective shall have a copyright term of 95 years from the date copyright was originally secured.
	www.public.asu.edu /~dkarjala/legmats/76actch3-amended.html (1963 words)

	Sonny Bono Copyright Term Extension Act (CTEA) Upheld by Supreme Court
		The Court held in a 7-2 opinion issued on January 15, 2003, that the decision to increase the term of existing copyrights to seventy years was within Congress' discretion and was consistent with the Constitution's Copyright Clause and the First Amendment.
		The Court agreed with the Court of Appeals for the District of Columbia finding that the extended copyright term, though significantly longer, remains "limited" and does not cease to be limited simply because it applies to existing works.
		The Court buttressed its reasoning in part on the European Union's recent directive to its members to establish a copyright terms of 70 years, and made passing reference to "demographic, economic and technological changes" that influenced Congress' determination that longer copyright terms are socially desirable.
	www.oblon.com /Ip/CTEAsonnybono0103.html (672 words)

	Openlaw: Eldred v. Ashcroft
		Congress has extended copyright terms eleven times in the last 40 years, each time further distorting the balance between private incentive and enrichment of the public domain.
		Copyright law requires a balancing of the interest of copyright holders against the rights of everyone else.
		The Bono Act was the 11th extension of copyright terms in the last 40 years.
	cyber.law.harvard.edu /openlaw/eldredvreno (824 words)

	Save Orphan Works (Site not responding. Last check: 2007-10-19)
		The Copyright Office is already overworked and understaffed, so I'm not asking that you stuff their inbox with demands for action, or anything like that.
		We've explained exactly what the copyright office is asking for, how and where to submit your email, and provided some examples of stories we've heard from others about how their creativity has been stalled when they've tried to use orphan works.
		The Copyright Office requests written comments from all interested parties on whether there are compelling concerns raised by orphan works that merit a legislative, regulatory, or other solution, and if so, what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders.
	www.eldred.cc (1351 words)

	Copyright Extension
		The term of copyrights in works created prior to January 1, 1978 (which predated the change in the 1976 Act to a term based on the life of the author) was also increased by 20 years.
		Another reason for term extension was the desire of Congress to adopt a copyright term that would make adequate provision for the children and grandchildren of authors.
		As Senator Hatch stated, ‘the vast majority of authors expect their copyrights to be a potentially valuable resource to be passed on to their children and through them to the succeeding generation.’ Congress found that longer life spans and other demographic changes had made the life-plus-50-year copyright term of the Berne Convention increasingly inadequate.
	www.copyrightextension.com /page01.html (921 words)

	Copyright Extension
		President, the purpose of the Copyright Term Extension Act of 1997 is to ensure adequate copyright protection for American works abroad by extending the U.S. term of copyright protection for an additional 20 years.
		According to the Copyright Office, Belgium, Denmark, Finland, Germany, Greece, Ireland, Spain, and Sweden have all notified their laws to the European Commission and the Commission has found them to be in compliance with the EU Directive.
		And, as the Register of Copyrights has stated, those countries that are seeking to join the European Union, including Poland, Hungary, Turkey, the Czech Republic, and Bulgaria, are likely to amend their copyright laws to conform with the life-plus-70 standard.
	www.copyrightextension.com /page04.html (1106 words)

	Document: Copyright Term Extension Act.
		This title may be referred to as the `Sonny Bono Copyright Term Extension Act'.
		`(C) the copyright owner or its agent provides notice pursuant to regulations promulgated by the Register of Copyrights that either of the conditions set forth in subparagraphs (A) and (B) applies.
		Copyright 1998-2005 David Carney, dba Tech Law Journal.
	www.techlawjournal.com /courts/eldritch/pl105-298.htm (804 words)

	University Copyright Office
		Prior to this Act, works were generally protected for the life of the author plus fifty years.
		Decision: On January 15, 2003, the Court ruled in a 7-2 decsion that the Sonny Bono Term Extension Act was not unconstitutional and that Congress acted within their power to extend the duration of copyright.
		The Miission of the University Copyright Office is to educate the Purdue University community on copyright.
	www.lib.purdue.edu /uco (413 words)

	Kilpatrick Stockton LLP: Full Legal Alert
		Writing for the Court, Justice Ruth Bader Ginsburg found that the CTEA is consistent with prior term extensions in the 1831, 1909 and 1976 Copyright Acts, as well as extensions for patents, by placing all existing and future copyrights in parity.
		The Court deferred to Congress on the subject of whether the CTEA was a “rational exercise of legislative authority conferred by the Copyright Clause.” Slip Op.
		Like the majority, Stevens reviewed the past copyright and patent term extensions and found that “the general presumption that historic practice illuminates the constitutionality of congressional action is not controlling in this case” because no member of Congress in 1831 or later was a delegate to the framing convention.
	www.kilstock.com /publications/legal_alerts_detail.aspx?ID=1188&PA_Id=IP (1135 words)

	The state of copyright activism
		Copyright was too arcane, too technical, too boring, to break through the headlines about political sex scandals and celebrity murder trials.
		After both a district court and an appeals court ruled that Eldred’s claim that the extension was unconstitutional (in violation of the requirement that copyright last "for limited times"), the Supreme Court considered the merits of his case in October 2002.
		As both copyright producers and users, we in the academy are in a good position to outline the complexity and benefits of such a deal.
	www.firstmonday.org /issues/issue9_4/siva/index.html (4502 words)

	United States – Supreme Court Agrees to Hear Challenge to Copyright Term Extension Act
		He and a number of supporters in the academic and artistic communities argue that the Act’s extension is unconstitutionally long and unreasonably reduces the number of public domain works available to the greater community, which is especially needed given the opportunity to utilize such public domain works over the Internet.
		For example, the Act grants a term of copyright protection of 95 years from the date of publication for many works published between 1923 and 1978.
		Although the Act has already been upheld by lower courts, the Supreme Court has not been adverse to limiting Congressional power in other areas and may regard the Act’s broad extension of the term as beyond the scope of the U.S. Constitution’s original vision.
	www.ladas.com /BULLETINS/2002/0502Bulletin/0502Bulletin30.html (348 words)

	SAA: Letter ... in Opposition to the Copyright Term Extension Act
		We are firmly convinced that in order to meet the purpose of copyright as expressed in the Constitution, namely the promotion of "the progress of science and useful arts," it is necessary to have both a vigorous public domain as well as protections for the rights of holders of intellectual property.
		No extension of copyright term should be contemplated until there are available solid analyses of the likely impact of such an extension on the creation of new knowledge.
		We are particularly troubled by the effect such an extension may have on the use of unpublished material of the sort frequently found in archives.
	www.archivists.org /statements/copyextn.asp (1145 words)

	Copyright term extension act (Site not responding. Last check: 2007-10-19)
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	copyright-term-extension-act.a-fit.com.es (369 words)

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