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	Eldred v. Ashcroft - Wikipedia, the free encyclopedia (Site not responding. Last check: 2007-11-07)
		Ashcroft 2003 was a case heard before the Supreme Court of the United States, challenging the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA).
		Oral argument was heard on October 9, 2002, and on January 15, 2003, the court held the CTEA constitutional by a 7-2 decision.
		Supporting the law is the U.S. government, represented by the Attorney General (originally Janet Reno, later replaced by John Ashcroft), along with a set of amici including (but not limited to) the Motion Picture Association of America, the Recording Industry Association of America, ASCAP and Broadcast Music Incorporated.
	wikipedia.lotsofinformation.com /wiki/index.php/Eldred_v._Ashcroft (1365 words)

	Eldred v. Ashcroft - Wikipedia, the free encyclopedia
		Ashcroft, 537 U.S.) was a case heard before the Supreme Court of the United States, challenging the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA).
		Eldred is joined by a group of commercial and non-commercial interests who rely on the public domain for their work.
		Supporting the law is the U.S. government, represented by the Attorney General in an ex officio capacity (originally Janet Reno, later replaced by John Ashcroft), along with a set of amici including (but not limited to) the Motion Picture Association of America, the Recording Industry Association of America, ASCAP and Broadcast Music Incorporated.
	en.wikipedia.org /wiki/Eldred_v._Ashcroft (1432 words)

	A Platonic Dialogue on Eldred v. Ashcroft: Archive Entry From Brad DeLong's Webjournal (Site not responding. Last check: 2007-11-07)
		Eldred's brief mentions it only to say Congress's power under the Copyright Clause should be limited like it is under the Commerce Clause.
		But Eldred's brief cites as precedent two cases where the Court struck down laws that Congress had based on the Commerce Clause, saying the laws reached beyond the intent of the Framers regarding the clause (since they had precious little to do with commerce).
		Since Eldred's counsel are arguing a parallel between this case and Lopez and Morrison, and that the Court should do here what it did with them, it's reasonable to think they are hoping the same five Justices will do it.
	www.j-bradford-delong.net /movable_type/archives/000835.html (3267 words)

	ELDRED V. ASHCROFT (Site not responding. Last check: 2007-11-07)
		Eisner, 256 U.S. History reveals an unbroken congressional practice of granting to authors of works with existing copyrights the benefit of term extensions so that all under copyright protection will be governed evenhandedly under the same regime.
		Thunder Craft Boats, Inc., 489 U.S., 146, both of which involved the federal patent regime, are not to the contrary, since neither concerned the extension of a patent’s duration nor suggested that such an extension might be constitutionally infirm.
		John Deere Co. of Kansas City, 383 U.S. It would be no more appropriate for this Court to subject the CTEA to “congruence and proportionality” review than it would be to hold the Act unconstitutional per se.
	straylight.law.cornell.edu /supct/html/01-618.ZS.html (1896 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.
		Eric Eldred and we at the Berkman Center think the Sonny Bono Act robs the American public of the rich and diverse public domain guaranteed by the Constitution.
		Ashcroft: Intellectual Property, Congressional Power, and the Constitution
	cyber.law.harvard.edu /openlaw/eldredvashcroft (824 words)

	Eldred v. Ashcroft (2003)
		In Feist, we observed that "the sine qua non of copyright is originality," id., at 345, and held that copyright protection is unavailable to "a narrow category of works in which the creative spark is utterly lacking or so trivial as to be virtually nonexistent," id., at 359.
		Verplanck (rejecting the idea that [**798] copyright involved "an implied contract existing between an author and the public" for "there was no contract; the work of an author was the result of his own labor" and copyright was "merely a legal provision for the protection of a natural right")).
		Ogden, 9 Wheat., at 44-61, 141-157, the defenders of New York's grant of a 30-year monopoly on the passenger trade between New Jersey and Manhattan argued that the Clause actually should be interpreted as confirming the State's authority to grant monopoly privileges that supplemented any federal grant.
	faculty.maxwell.syr.edu /tmkeck/Cases/EldredvAshcroft2003.htm (18032 words)

	TechNews.com
		The Eldred argument: Online publisher Eric Eldred and Stanford University professor Lawrence Lessig think that Congress violated the Constitution when it passed laws that let copyright owners renew the ownership rights to their works.
		Eldred runs the Eldritch Press, a nonprofit group that publishes literature on the Internet.
		The Eldred case was originally filed under the Clinton administration but is now designated at Eldred v.
	washingtonpost.com /wp-srv/technology/articles/eldredprimer_100902.htm (1180 words)

	FindLaw's Writ - Sprigman: The Mouse That Ate The Public Domain
		Eldred argues that the CTEA is unconstitutional on two grounds: first, because the statute exceeds Congress's power under the Copyright Clause; and, second, because the statute runs afoul of the First Amendment by substantially burdening speech without advancing any important governmental interest.
		Eldred lost before the district court and the D.C. Circuit.
		Eldred also advances a First Amendment challenge: both subsisting and future copyright extension, Eldred argues, substantially burden speech by foreclosing use of expression that would otherwise be available in the public domain, while advancing no important government interest.
	writ.news.findlaw.com /commentary/20020305_sprigman.html (2080 words)

	Eldred v. Ashcroft (Site not responding. Last check: 2007-11-07)
		Ashcroft Government Response Brief: http://eldred.cc/legal/01-618.Eldred3.mer.pdf * Loyola of Los Angeles Law Review Symposium Intellectual Property, Congressional Power and the Constitution http://llr.lls.edu/ "This symposium, edited by Professor Lawrence B. Solum, presents a variety of perspectives on Eldred v.
		Ashcroft, on which the United States Supreme Court will hear oral argument in its October 2002 term.
		Eldred may become the most important copyright case to be heard by the Court in several decades." The decision..., Eldred v.
	www.library.yale.edu /~llicense/ListArchives/0208/msg00035.html (183 words)

	Wired News: Court Deaf to Public-Domain Pleas
		Ashcroft gives Congress free reign to hand out copyright extensions as long as media companies are around to lobby for them -- all while rejecting most arguments brought by the plaintiffs to the contrary.
		Eric Eldred, who publishes rare books online, filed the suit in January 1999 with a handful of other plaintiffs.
		But media companies, which faced the prospect of losing control of early copyrighted works featuring iconic characters such as Mickey Mouse, had argued that they needed the extension to compete globally, exploit new technologies not envisioned when Congress last set copyright terms in 1976 and maintain incentives to restore old works.
	www.wired.com /news/politics/0,1283,57237,00.html (795 words)

	SSRN-Congress's Power to Promote the Progress of Science: Eldred v. Ashcroft by Lawrence Solum
		Ashcroft, in which the Supreme Court may decide whether the Copyright Term Extension Act (CTEA) exceeds Congress's authority under that clause.
		Ashcroft by discussing the history of copyright legislation in general and the CTEA in particular and then summarizing the procedural history of Eldred v.
		If the phrase "limited times" is construed to limit terms in relationship to the grant of exclusive rights to authors, then a grant of life plus seventy years is, in relationship to the outer limits of the productive life of authors, unlimited.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=337182 (490 words)

	Eldred v. Ashcroft
		Eric Eldred is the lead plaintiff on the case (for other plaintiffs, click here), and on May 20, 2002, opening briefs were filed in the Supreme Court.
		June 03, 2003 - The decision in Eldred v.
		Ashcroft can be found in pdf form here.
	eldred.cc /eldredvashcroft.html (402 words)

	The Chronicle: Daily news: 02/20/2002 -- 02
		Ashcroft, concerns the constitutionality of the Sonny Bono Copyright Term Extension Act of 1998, which protects the copyright of material for 70 years after its author's death.
		Eldred, said the U.S. Constitution allows Congress to protect copyright for a "limited" period of time.
		But he said that, with the Copyright Term Extension Act, Congress is aiming for unlimited protection by retroactively extending copyright for materials already published.
	chronicle.com /free/2002/02/2002022002t.htm (771 words)

	On Lisa Rein's Radar: Eldred vs. Ashcroft Archives
		The Public Domain Enhancement Act is the same thing as the "Eldred Act" that many of you have been asking me about over the last few months.
		Ashcroft is the best chance to turn the tide in Silicon Valley's war against Hollywood-a conflict where Hollywood has won every round so far.
		Ashcroft deals with the seemingly arcane issue of the length of copyrights for books, films and music.
	www.onlisareinsradar.com /archives/eldred_vs_ashcroft/index.php (17248 words)

	[No title] (Site not responding. Last check: 2007-11-07)
		These include Dover Publications, a commercial publisher of paperback books; Petitioner's Luck's Music Library, Inc, and Edwin F. Kalmus & Co., Inc, publishers of orchestral sheet music; and a large number of amici including (but not limited to) the Free Software Foundation, the American Association of Law Libraries, and the College Art Association.
		The decision to emphasize the Copyright clause argument was based on both the minority opinion of Judge Sentelle in the appeals court, and on several recent decisions authored by Supreme Court Justice William Rehnquist: United States vs. Lopez and United States vs. Morrison.
		First-person narrative of the experience of attending the Oral Argument before the Supreme Court
	www.informationgenius.com /encyclopedia/e/el/eldred_v__ashcroft.html (1348 words)

	Supreme Court Upholds Copyright Term Extension (Site not responding. Last check: 2007-11-07)
		The Supreme Court ruled today in Eldred v.
		Ashcroft, a constitutional challenge to the 20-year extension of copyright term in the Sonny Bono Copyright Term Extension Act.
		In an opinion by Justice Ruth Bader Ginsburg, the Court concluded that Congress's extension of the terms of existing copyrights did not exceed Congress's power under the Copyright Clause and did not violate the First Amendment.
	www.copyright.gov /pr/eldred.html (102 words)

	Slashdot \| Eldred v. Ashcroft Oral Arguments
		Ashcroft case challenging the most recent 20-year retroactive extension of copyright terms.
		An obvious answer to the 76 vs 98 question is that a pattern of continual renewal is emerging that could not be forseen before 1998.
		The reason that the defendant was Reno (and is now Ashcroft) is because as United States Attorney General, (s)he is the one who is (presumably) responsible for making sure that the law(s) in question will be enforced.
	yro.slashdot.org /yro/02/10/09/1640249.shtml?tid=123 (7557 words)

	FSF's Brief Amicus Curiae, Eldred v. Ashcroft (Site not responding. Last check: 2007-11-07)
		From the seventeenth century, the requirement of limitation in time was a basic constitutional mechanism for dealing with the potential for abuse of power inherent in the royal or statutory monopoly.
		The constitutional importance of the ``limited Times'' restriction cannot be vitiated, as the Court of Appeals' reasoning would do, by affording Congress the opportunity to create perpetuities on the installment plan, any more than Congress can eliminate the constitutional requirement of originality.
		According to the Court of Appeals, however, the principle of originality emerges solely from the words ``Writing'' and ``Author,'' taking not the slightest support from the declaration of purpose that begins the Copyright Clause.
	www.gnu.org /philosophy/eldred-amicus.html (3595 words)

	Loyola Law School, Los Angeles - Law Review (Site not responding. Last check: 2007-11-07)
		The Loyola of Los Angeles Law Review is a journal of distinction devoted to the advancement of legal scholarship.
		Recent issues of the Law Review have included articles on ICANN, Eldred v.
		Ashcroft, firearms ammunition and products liability, California's "three strikes" law, the Americans with Disability Act, and trial jury reform.
	llr.lls.edu (137 words)

	Oyez and Creative Commons (Site not responding. Last check: 2007-11-07)
		The Oyez Project is proud to announce the availablilty of the Eldred v.
		This audio is available as a streaming SMIL presentation with time-synced text transcripts and speaker images, and the audio is available in MP3 format under the Creative Commons Attribution-NonCommercial-ShareAlike license.
		In addition to this audio, Professor Lessig has granted the Oyez project permission to redistribute an MPEG4 video of his presentation on copyright to the Clio Society on April 24, 2003.
	www.oyez.org /creativecommons (142 words)

	Stanford Law School: Eldred v. Ashcroft (Site not responding. Last check: 2007-11-07)
		Professor Lawrence Lessig represented Eldred in the case.
		Ashcroft: It's been called the most important copyright case of our time.
		But perhaps more important, his appeal was filed by Stanford law professor Lawrence Lessig, one of the foremost legal experts on the Internet and the law.
	www.law.stanford.edu /library/biblio/eldredvashcroft.html (1055 words)

	Eldred v. Ashcroft legal document archive
		Plaintiffs File Petition for Certiorari to Supreme Court, October 11, 2001 (PDF) - Eric Eldred and fellow plaintiffs asked the Supreme Court to hear arguments in the case and to rule that the First Amendment requires greater constitutional scrutiny of copyright law.
		The majority decision is available in full here, or you may prefer this summary.
		On June 6, the Eagle Forum filed this amicus brief in support of Eric Eldred and Copyright's Commons.
	cyber.law.harvard.edu /openlaw/eldredvashcroft/legal.html (1306 words)

	ALA \| Copyright Court Cases
		The U.S. Court of Appeals for the Second Circuit issued an opinion in Faulkner v.
		Tasini, in which the Supreme Court affirmed the copyright privileges of freelance writers whose works were originally published in newspapers and periodicals and then licensed by the publishers to commercial electronic databases.
		ALA and the other major library associations again registered their support of an Internet Service Provider (ISP) resisting efforts by the Recording Industry Association of America (RIAA) to obtain the identities of ISP users that the RIAA alleges are infringing copyright.
	ala.org /Template.cfm?Section=copyrightcases&Template=/... (2889 words)

	Stanford Copyright & Fair Use - Case Laws
		Twentieth Century Fox Film Corp., 539 U.S. Eldred v.
		Abend, 495 U.S. Twentieth Century Music Corp. v.
		Aiken, 422 U.S. West Virginia Univ. Hosps., Inc. v.
	fairuse.stanford.edu /primary_materials/cases (268 words)

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