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1 1 (February 14, 2003)

handle is hein.crs/crsahvz0001 and id is 1 raw text is: Order Code RS21179 Updated February 14, 2003 CRS Report for Congress Received through the CRS Web Copyright Term Extension: Eldred v. Ashcroft Robin Jeweler Legislative Attorney American Law Division Summary This report examines the U.S. Supreme Court's decision in Eldred v. Ashcroft. Plaintiffs/Petitioners challenged the constitutionality under the Copyright Clause of a law adding 20 years to the terms of existing and future copyrights. The law was upheld by both the U.S. district court and the court of appeals considering it. Among the questions before the Supreme Court was whether Congress may retrospectively extend the term of copyright for existing copyrights; and, what role and impact, if any, does the First Amendment have in determining the validity of a congressional extension of copyright terms. On January 15, 2003, the U.S. Supreme Court handed down its decision in Eldred v. Ashcroft, 123 S. Ct. 769 (2003), in which petitioners challenged the constitutionality of the Sonny Bono Copyright Term Extension Act (CTEA).1 Passed in 1998, the Copyright Term Extension Act added 20 years to the term of copyright for both subsisting and future copyrights. By a vote of 7-2, the Court upheld the Act. Background. Copyright Terms. In 1790, the First Congress created a copyright term of 14 years for existing and future works, subject to renewal for a total of 28 years. By 1909, both the original and the renewal term had been extended to 28 years, for a combined term of 56 years. Additional extensions were enacted between 1962 and 1974. When the current Copyright Act was enacted in 1976, Congress revised the format of copyright terms to conform with the Berne Convention and international practice. Instead of a fixed-year term, the duration of copyright was established as the life of the author plus 50 years. In the case of an anonymous work, a pseudonymous work, or a work made for hire, the term was 75 years from the first publication, or 100 years from the year of its creation, whichever expired first.2 CTEA added 20 years to the term of subsisting and 1 P.L. 105-298. 2 Different copyright terms may apply to works created before and after 1978. For more detail regarding the duration of copyright terms, see U.S. Copyright Office, Circular 15a, Duration of Copyright: Provisions of the Law Dealing with the Length of Copyright Protection at (continued...) Congressional Research Service **o The Library of Congress

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